Opinions Jan. 27, 2015

January 27, 2015
KEYWORDS Opinions / neglect

Indiana Court of Appeals
Christopher Tiplick v. State of Indiana
Criminal. On interlocutory appeal, reverses denial of Tiplick’s motion to dismiss 11 of the 18 counts in an indictment against him alleging Class C felony charges of dealing in a lookalike substance and Class D felony possession of or dealing in a synthetic drug commonly referred to as spice. A divided panel held the statutes governing synthetic drug charges are unconstitutionally vague based on the definition of “synthetic drug” in I.C. § 35-31.5-2-321(9). Writing Judge Melissa May and concurring Judge James Kirsch held the trial court erred in failing to dismiss charges based on possession of a substance specified as a synthetic drug by a pharmacy board emergency rule but not specifically by statute. Dissenting Judge L. Mark Bailey would affirm the trial court, writing that laws and regulations were not so complex or overly broad as to preclude a person of ordinary intelligence from having notice of the criminal nature of the sale of XLR11 on the basis of vagueness.  

Aadil Ashfaque v. State of Indiana
Criminal. On interlocutory appeal, divided panel reverses and remands denial of Ashfaque’s motion to dismiss counts of Class D felony dealing in a synthetic drug and possession of a synthetic drug after XLR11 was found in his vehicle after a traffic stop. Writing Judge Melissa May and concurring Judge Ezra Friedlander held Indiana’s “synthetic drug” statutes are void for vagueness as applied to Ashfaque. In dissent, Chief Judge Nancy Vaidik agreed with the dissent in Christopher Tiplick v. State of Indiana, 49A04-1312-CR-617, concluding that she did not believe the statutory scheme in place at the time of Ashfaque’s arrest was void for vagueness. Vaidik would affirm the charges.

Not For Publication Opinions
Stacey E. Schwarz v. Richard Schwarz and Lisa Schwarz (Mem. Dec.)
Civil tort. Affirms grant of summary judgment in favor of Richard and Lisa Schwarz.

In the Matter of G.F., a Child in Need of Services, S.F. (Father) v. Ind. Dept. of Child Services (Mem. Dec)
Juvenile. Affirms determination that G.F. is a child in need of services.

In the Matter of the Termination of the Parent-Child Relationship of S.L., a Child and A.W., the Child's Mother v. The Indiana Department of Child Services (Mem. Dec.)

Juvenile. Affirms termination of parental rights.

Michael Grantland v. Office of Clark County Treasurer, David Reinhardt and Office of Clark County Recorder, Richard Jones (Mem. Dec.)
Miscellaneous. Affirms dismissal of Grantland’s lawsuit.

In Re: The Paternity of R.R., J.R. (Father) v. T.G. (Mother) (Mem. Dec)
Juvenile paternity. Divided panel reverses and remands trial court order modifying parenting time after a contempt hearing, expanding visitation for mother. Majority holds father established prima facie error in the trial court’s order on mother’s motion for contempt because there were conflicting orders regarding visitation supervision and father had no notice that parenting-time modification would be considered at the contempt hearing. Dissenting Judge Terry Crone would affirm the trial court in all respects, finding father knew mother’s contempt motion was about his alleged denial of visitation and that the court had worked extensively and sincerely with the parties.

Rong Fan v. Summerlakes Property Owners Association, Inc. (Mem. Dec.)
Civil plenary. Affirms in part, reverses in part and remands a judgment in favor of Summerlakes. Affirms judgment and remands to trial court for recalculation of legal fees awarded to Summerlakes.