Opinions Sept. 25, 2014

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The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Scott Logan v. State of Indiana
Criminal. Reverses conviction of Class C felony child molesting and six-year sentence. Although the trial court technically complied with Criminal Rule 4(C), Logan’s 1,291-day delay between the filing of the charge and the beginning of his trial violated his constitutional right to a speedy trial. Orders Logan released from incarceration and remands for further proceedings.

Thursday’s opinions
Indiana Supreme Court

In the Matter of the Adoption of O.R., N.R. v. K.G. and C.G.
Adoption. Affirms order granting adoption in favor of third-parties. Father failed to communicate with his daughter for at least a one-year period and her placement with adoptive parents is in her best interest. Also finds that Court of Appeals erred when it dismissed N.R.’s appeal, claiming it did not have jurisdiction since his appeal was untimely.

Indiana Court of Appeals
Averitt Express, Inc. v. State of Indiana ex rel. Indiana Department of Transportation
Civil collection.  Reverses summary judgment in favor of the state.  Affirms decision to strike paragraph 6 of an investigator’s affidavit because it is partly based on hearsay. Finds trial court should have struck police investigative report from the evidence. Remands for retrial because the state did not submit evidence that Averitt, through its driver, breached a duty and proximately caused the damage to the highway and guardrail. Judge Bradford concurs with separate opinion.

Joel Granberry v. Bright Ideas in Broad Ripple, Inc., and Beverly J. Middaugh (NFP)
Civil tort. Affirms grant of the defendants’ motion to dismiss Granberry’s complaint for damages, the grant of default judgment on the defendants’ counterclaims and order that Granberry pay their attorney fees.

Indiana Farm Bureau Insurance Company, as Subrogee of Real Estate Technologies, LLC v. Wood Shield, LLC (NFP)
Civil plenary.  Reverses order granting summary judgment to Wood Shield and remands for further proceedings.

Adam Prater v. State of Indiana (NFP)
Criminal. Affirms revocation of work release placement and order Prater serve the remainder of his sentences as executed time in the Department of Correction.

Francisco Villegas, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of murder and Class D felony neglect of a dependent.

Taevon Spivey v. State of Indiana (NFP)
Criminal. Affirms convictions of murder, Class A felony attempted murder and Class C felony carrying a handgun without a license.

In the Matter of: P.S. and K.S., Child in Need of Services, T.F. (Mother) and C.S. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (NFP)
Juvenile. Affirms determination children are children in need of services.

Kenneth Washington v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony burglary.

Giavonni Montez Wickware v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony burglary resulting in bodily injury and Class D felony theft, and Wickware’s 70-year aggregate sentence. Remands to trial court to vacate enhancement of Wickware’s sentence for theft. Affirms in all other respects.

Frederick Cashner, Sr. and Lucille Cashner v. Western-Southern Life Assurance Company (NFP)
Civil plenary. Grants rehearing but affirms grant of motion for costs and attorney fees filed by Western-Southern.

Elon Brown v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor resisting law enforcement.

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