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Opinions Nov. 26, 2014

November 26, 2014

Indiana Court of Appeals
Crystal Valley Sales Inc., Charles Kline, and Nancy Kline v. Jonathan Anderson, National Sales Company Inc., Rodger Anderson, Camco Manufacturing, and Norm Geible
20A04-1402-PL-83
Civil Plenary. Affirmed trial court’s dismissal of civil conspiracy claims against National Sales Company Inc., Rodger Anderson, Camco Manufacturing Inc. and Norm Geible for failure to state a claim upon which relief can be granted. Finds Crystal Valley did not provide sufficient facts to show that the co-defendants engaged in unlawful actions. Rejects Crystal Valley’s argument that its civil conspiracy count is sufficient by itself to claim the co-defendants helped Jonathan breach his contractual or fiduciary duties.

In Re: The Guardianship of C.R. and A.R., E.R. v. M.S. and D.S.
79A05-1404-GU-176
Guardianship. Reverses trial court order for a visitation evaluation for paternal grandparents of children under the guardianship of the maternal grandfather. The trial court did not have authority to order the visitation evaluation in a case in which the guardian, E.R., did not request it. Under the clear language of I.C. 31-17-2-12, grandparents are not eligible to request a custody evaluation.

Eddie G. Love v. State of Indiana
20A03-1406-CR-201
Criminal. Affirms denial of petition for writ of habeas corpus, finding the claim is barred by the doctrine of res judicata. Citing the guidance to trial courts regarding abusive litigants in Zavodnik v. Harper, 17 N.E.3d 259, 268-69 (Ind. 2014), the court instructed Love to include in any appeal from a decision involving his conviction a list of all related cases and citations to decisions rendered in those cases.

Derrick Weedman v. State of Indiana
90A04-1311-CR-549
Criminal. Affirms conviction and 20-year sentence for Class B felony aggravated battery. Admission of evidence regarding Weedman’s withdrawn insanity defense was error, but did not result in fundamental error because the evidence supporting the jury’s guilty verdict was overwhelming. While there may have been prosecutorial misconduct in referring to Weedman’s tattoos and post-arrest silence, neither amounted to fundamental error. Any error in the court limiting evidence of Weedman’s 2008 traumatic brain injury was harmless. The sentence was not inappropriate.

Nathaniel Armstrong v. State of Indiana
49A05-1312-CR-621
Criminal. Affirms criminal gang enhancement and aggregate sentence of 175 years for murder, attempted murder and kidnapping as a Class A felony. Rejects Armstrong’s argument that the state’s criminal gang enhancement statute is not constitutionally vague and that the statute violated both the proportionality clause of the Indiana Constitutional, Article 1, Section 16 as well as the Eighth Amendment’s prohibition on cruel and unusual punishments. Concludes the state did present sufficient probative evidence that Armstrong was a member of a criminal gang while committing the offense.

Harris Auto Reconditioning Services, Inc. v. Christopher Shoemaker (NFP)
29A04-1312-PL-644
Civil plenary. Affirms dismissal with prejudice.

In the Matter of the Termination of the Parent-Child Relationship of: A.B. (Minor Child) (NFP)
20A03-1402-JT-72
Juvenile. Affirms termination of parental rights.

Terrance Lassere v. State of Indiana (NFP)
49A05-1405-CR-212
Criminal. Affirms conviction of Class D felony domestic battery.

Brian S. Habbinga v. State of Indiana (NFP)
79A02-1404-CR-281
Criminal. Affirms sentence and conviction of Class C felony operating a motor vehicle while privileges are forfeited for life, Class D felony operating a vehicle while intoxicated and Class A misdemeanor operating while intoxicated. Remands to correct the sentencing order to reflect two years of a 12-year sentence suspended to probation.

Jordan Rivera v. State of Indiana (NFP)
73A01-1404-CR-156
Criminal. Affirms sentence imposed after violation of probation.

Zaeem Mahmood v. State of Indiana (NFP)
79A02-1402-CR-96
Criminal. Affirms 60-day executed sentence, with the balance of four years suspended, for Class C felony failure to stop after an accident resulting in death.

Sukhjinder Singh v. State of Indiana (NFP)
47A05-1404-PC-168
Post conviction. Affirms denial of post-conviction relief.

Aaron Rogers v. Tiffany Stevenson (NFP)
54A01-1401-JP-30
Juvenile. Affirms order modifying Rogers’ parenting time and awarding sole custody to Stevenson.

Scott Williams and Geoffrey Bond v. April Boomer (NFP)
55A05-1404-SC-186
Small claim. Reverses entry of summary judgment in favor of Boomer.

Edgar N. Singleton v. State of Indiana (NFP)
45A05-1404-CR-172
Criminal. Affirms conviction of murder.

Taylor Cannady v. State of Indiana (NFP)
49A04-1402-CR-81
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

Harris Auto Reconditioning Services Inc. v. Brian Wolfe (NFP)
29A02-1312-PL-1085
Civil plenary. Affirms dismissal of Harris’ claims.

Gary R. Manning v. State of Indiana (NFP)
10A05-1312-CR-644
Criminal. Affirms conviction of Class D felony theft.
 

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