The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Michael W. Baker v. State of Indiana
Criminal. Affirms conviction of Class B felony burglary, finding the evidence suggesting that Baker opened cupboards and drawers in the kitchen is enough to support a reasonable inference that the defendant entered the church with intent to commit theft inside.
7th Circuit Court of Appeals
United States of America v. Cristofer Tichenor
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Criminal. Affirms 300-month sentence following guilty plea to armed robbery and discharging a firearm in connection with robbing a bank. Rejects Tichenor’s argument that the career offender sentencing guideline is unconstitutionally vague, finding that the guidelines are not susceptible to vagueness challenges and the U.S. Sentencing Commission did not exceed its authority by promulgating the “crime of violence” definition.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
In Re the Matter of: B.N. and H.C., Children in Need of Services; M.C. v. Marion Co. Dept. of Child Services and Child Advocates, Inc.
Juvenile. Reverses determination that children are in need of services. There is insufficient evidence to support the determination that the children’s physical or mental conditions were seriously impaired or endangered as a result of the inability, refusal or neglect of the parent to supply the children with food, clothing, shelter, medical care, education or supervision.
Anthony D. Gorman v. State of Indiana
Criminal. Affirms convictions of two counts of Class B felony robbery while armed with a deadly weapon. There is sufficient evidence to support his convictions.
Dennis Jack Horner v. Marcia (Horner) Carter
Domestic relation. Affirms denial of Horner’s request to modify the terms of a mediated settlement agreement. Alternative Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish traditional contract defenses, so the trial court erred in excluding the evidence of mediation communications to establish that a mistake occurred in drafting the agreement. But his testimony about the mediation communications falls short of establishing any mistake that might entitle him to relief, so this was a harmless error. The trial court properly determined that the agreement in this case provided for a property settlement that survived Carter’s remarriage.
Chad Stewart v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to two counts of Class B felony child molesting.
Auto Liquidation Center, Inc. v. McKesha Bates (NFP)
Small claim. Affirms judgment in favor of Bates on her breach of contract and criminal conversion claims. Remands for calculation of appellate attorney fees owed to Bates.
Carl D. Jackson, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony battery.
Anthony Michael Beck and Sandra Beck, natural parents and next friends of Jacob Leslie Beck, minor v. Scott Memorial Hospital and Larry Hunefeld, M.D. (NFP)
Civil collection. Affirms grant of a motion in limine filed by Scott Memorial Hospital.