Opinions Sept. 18, 2014

September 18, 2014
KEYWORDS Opinions / neglect

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
State of Indiana v. Frank Greene
Post conviction. Reverses grant of post-conviction relief, which would have reduced Greene’s Class B felony criminal confinement conviction to a Class D felony. Greene did not receive ineffective assistance of trial or appellate counsel due to his attorneys’ failure to present allegedly controlling precedent from this court. Greene mischaracterizes the application of Long v. State.

Thursday’s opinions
Indiana Court of Appeals

Michael W. Sloan v. State of Indiana
Criminal. Affirms exclusion of certain testimony from Sloan’s mother because the evidence he wished to elicit from her would not have had a probable impact on the jury nor did the exclusion affect his substantial rights. The record does not support the court’s finding he lacked remorse, and it was an error for the court to use the fact that Sloan did not provide an explanation as to why he committed the offense to enhance his sentence. Remands with instructions to impose the advisory sentence of 30 years. Judge Bradford in a separate opinion concurs in part and dissents in part.

Cheryl Welton v. Midland Funding, LLC as Assignee of Chase Bank USA, NA as Issuer of Disney Consumer Credit Card
Civil plenary. Affirms denial of Welton’s Trial Rule 60(B) motion for relief from judgment granted to Midland Funding. Rejects Welton’s argument that because she twice moved for and was granted extensions of time to respond, the trial court’s discretion to consider a belated response to Midland’s motion for summary judgment was preserved.

Robert F. Lynn, Linda S. Lynn, and Robert Lynn Company, Inc. v. Ronnie Shaffer and Jane Shaffer (NFP)
Civil plenary. Reverses award of attorney fees to Ronnie and Jane Shaffer.

Terence W. Lowery v. State of Indiana (NFP)
Criminal. Affirms 20-year executed sentence following guilty plea to Class A felony child molesting and Class B felony sexual misconduct with a minor.

Darryl S. Newell v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony child molesting and Class B felony criminal deviate conduct.

Deadrian Boykins v. State of Indiana (NFP)
Criminal. Affirms murder conviction and 65-year sentence.

Joseph Wayer v. State of Indiana (NFP)
Criminal. Affirms murder conviction.

Indiana Tax Court
Nick Popovich v. Indiana Department of State Revenue
Tax. Denies Popovich’s motion for default judgment, costs and attorney fees as sanctions for the Indiana Department of State Revenue’s purported spoliation of evidence and discovery abuses. His 2003 transmittal envelope is not considered part of the tax return and the department has no statutory or self-imposed duty to preserve it.