The following Indiana Supreme Court opinions were posted after IL deadline Tuesday:
Bruce Lemmon, et al. v. Michael L. Harris
Civil. Reverses trial court judgment granting injunctive relief for Harris by removing his sexually violent predator status. Harris’ status is sexually violent predator by operation of law, and that classification does not violate the Indiana Constitution’s Ex Post Facto Clause or separation of powers provision. Justice Dickson dissents.
Brenda Moore v. State of Indiana
Criminal. Affirms Moore’s conviction of public intoxication as a Class B misdemeanor. Declines request to reverse Moore’s conviction on public policy grounds and she suffered no impingement of any alleged constitutional right to select which beverages to consume. Her accountability under the public intoxication statute doesn’t violate her personal liberty rights under the Indiana Constitution. Justice Rucker dissents.
7th Circuit Court of Appeals
United States of America v. Brook Abebe
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms sentence of 300 months in prison following guilty plea to armed bank robbery, discharge of a firearm during a crime of violence, and unlawful possession of a firearm by a convicted felon. There was no procedural error in the District Court’s calculation of Abebe’s sentence and his sentence is not substantively unreasonable.
Aaron Smeigh v. Johns Manville Inc.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for Johns Manville on Smeigh’s suit for retaliatory discharge and civil conversion. Smeigh didn’t present sufficient evidence to conclude that he was fired in retaliation for filing workers’ compensation or that JM knowingly exerted unauthorized control over his property. Admonishes Smeigh’s counsel for a portion of the appeal not meeting the standards for presenting and developing arguments on appeal.
Indiana Supreme Court
Indiana Department of Child Services v. A.B.
Juvenile. Reverses trial court order finding Indiana Code sections 31-37-17-1.4, 31-37-18-9(a)-(b), and 31-40-1-2(f) as unconstitutional as violating the separation of powers principle and the “one subject” rule under the Indiana Constitution. The three statues are constitutional. The DCS’ requirement that the child be placed in Indiana rather than out of state was arbitrary and capricious. Upholds Judge Nemeth’s placement of the child at Canyon State Academy and the DCS should pay for the child’s placement.
Citizens State Bank of New Castle v. Countrywide Home Loans, Inc.
Civil. Reverses summary judgment in favor of Countrywide and Federal National Mortgage Association. Countrywide has failed to demonstrate that it is entitled to the remedy of strict foreclosure. Remands with instructions to enter summary judgment in favor of Citizens Bank, and for all relief consistent with this opinion. Justice Sullivan dissents.
Indiana Court of Appeals
Zachery Blackwell v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony attempted robbery, and Class D felonies criminal confinement and aiding rioting.
James Deloney Jr v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.
Christopher Collins v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class D felony theft.
Martin J. Russell v. State of Indiana (NFP)
Criminal. Dismisses appeal of sentence following a plea agreement to six counts of Class C felony theft and three counts of Class D felony theft.
John Chatman v. State of Indiana (NFP)
Post conviction. Vacates trial court denial of Chatman’s motion for additional credit time for completion of a substance abuse program while he was in jail awaiting trial and dismisses the appeal.
Indiana Tax Court had posted no opinions at IL deadline.