Opinions Sept. 4, 2014

September 4, 2014

The following Indiana Supreme Court opinions were posted after IL deadline Wednesday:
TP Orthodontics, Inc., Christopher Kesling, DDS, MS, Adam Kesling, and Emily Kesling, et al. v. Andrew Kesling, Individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001 et al.
Miscellaneous. Finds the trial court abused its discretion in ordering disclosure of the full special litigation committee report, as portions of it containing privileged information cannot be disclosed to the sibling shareholders. Remands to the trial court to conduct an in camera review of the full report to determine whether the designate material is in fact privileged.

Old National Bancorp d/b/a Old National Trust Company v. Hanover College
Trust. Dismisses trustee’s appeal of the termination of two of its trusts. Finds the trustee lacked standing to appeal in its respective capacity and did not appeal in its individual capacity.

Thursday’s opinions
Indiana Court of Appeals

Marq Hall v. State of Indiana
Criminal. Reverses conviction of Class A felony child molesting and remands for a new trial. The trial court abused its discretion when it excluded from evidence the phone call between Hall and girlfriend A.D. regarding victim M.T.’s credibility after the state opened the door to that evidence. The error was not harmless. Chief Judge Vaidik concurs in part, dissents in part.

Aubrey Thompson v. State of Indiana
Criminal. Grants rehearing for limited purposes of clarifying analysis in light of Thang v. State. Affirms opinion in all other respects. Judge Bradford dissents.

Tracey L. Wheeler, Jr. v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief. Wheeler was not denied effective assistance of appellate counsel because his counsel declined to allege that Wheeler had been denied his right to self-representation. Wheeler did not assert his right to self-representation.

Progressive Paloverde Insurance v. Jacob P. Arnold
Civil tort. Reverses order denying Progressive’s motion for partial summary judgment involving a claim for uninsured motorist proceeds. There is no genuine issue of material fact, and Progressive is entitled to judgment as a matter of law.

Lawrence Gyamfi v. State of Indiana
Criminal. Reverses convictions of Class D felonies fraud and theft and Class C felony forgery. The trial court abused its discretion by admitting contested evidence, which amounts to fruit of the poisonous tree pursuant to Article 1, Section 11 of the Indiana Constitution. Judge Bradford concurs in part and dissents in part; Judge Robb concurs with majority and concurs with Bradford.

Shawnee Wilson v. State of Indiana (NFP)
Criminal. Affirms two convictions of Class D felony neglect of a dependent

David J. Heineman v. State of Indiana (NFP)
Criminal. Affirms convictions of dealing in methamphetamine, a Class A felony; possession of methamphetamine,  a Class B felony; possession of chemical reagents or precursors with intent to manufacture, a Class C felony; possession of a controlled substance, a Class D felony; maintaining a common nuisance,  a Class D felony; and possession of paraphernalia,  a Class A misdemeanor.

Marcus J. Schneider v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony residential entry and admission to being a habitual offender. Remands for correction of the sentencing statement.

Kevin I. Colon, Sr. v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

In the Matter of the Termination of the Parent-Child Relationship of I.T., S.T., and W.T., minor children, and C.T., Mother, and W.T., Father, et al. v. Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Markus Burton v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony burglary.

In the Matter of the Termination of the Parent-Child Relationship of D.B., Minor Child, and K.S., Mother, K.S. v. Indiana Department of Child Services, et al. (NFP)
Juvenile. Affirms termination of parental rights.

Jeremy Hall v. State of Indiana (NFP)
Criminal. Affirms conviction for failure to return to lawful detention, a Class D felony.

Bradley Cochran v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor driving while suspended and Class D felony operating a vehicle while intoxicated, as well as adjudication as a habitual substance offender.

Robert Mular v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Dolen Glenn v. Indiana Department of Correction (NFP)
Small claim. Affirms judgment in DOC’s favor regarding property confiscated from Glenn.