Opinions Feb. 18, 2015

February 18, 2015
KEYWORDS Opinions / neglect

The following opinion was posted after IL deadline Tuesday:
Paul M. McManus v. Ron Neal, superintendent, Indiana State Prison
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. McManus is not entitled to habeas relief on his claim of intellectual disability under Atkins. But the state courts unreasonably applied federal due process standards in adjudicating his competency to stand trial. Reverses denial of writ of habeas corpus and remands with instructions for the District Court to grant the writ unless Indiana gives notice of its intent to retry McManus within a reasonable time to be set by the District Court.

Wednesday’s opinions
Indiana Supreme Court

Jeffrey A. Weisheit v. State of Indiana
Death penalty. Affirms two convictions of murder and one conviction of Class A felony arson resulting in serious bodily injury and sentence to death. There is sufficient evidence to support the convictions. The trial court did not err in excluding a prison administration expert’s testimony that Weisheit could be safely incarcerated in prison nor did it err in refusing to excuse 12 jurors for cause.

Indiana Court of Appeals
Richard A. Clem v. Paul J. Watts
Civil plenary. Reverses denial of Clem’s motion for summary judgment and the grant of Watts’ motion following Watts’ complaint seeking judgment against Clem for attorney fees in a dissolution case. Remands with instructions to enter summary judgment in favor of Clem.

State of Indiana v. Shelby L. Pieper (mem. dec.)
Criminal. Affirms grant of motion to suppress evidence filed by Piper.

Mark B. Harsley, II v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of three counts of Class A misdemeanor invasion of privacy.

Fuel Fitness Winfield, Inc., and Jared Tomich v. Boro Baloski, Lubinka Baloski, Goran Baloski, Fitness 1, Inc., B&B Regional Development, LLC (mem. dec.)
Civil collection. Affirms denial of Fuel Fitness’ and Tomich’s motion to correct error and denial of their motion to amend their answer following the trial court’s grant of summary judgment in favor of the Baloskis and others in the amount of $484,345.

Ivan Sanchez v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

Albert Goering v. State of Indiana (mem. dec.)
Criminal. Affirms 15-year sentence for five counts of Class B felony sexual misconduct with a minor and one count of Class B felony attempted sexual misconduct with a minor.