Opinions March 11, 2015

March 11, 2015

Indiana Court of Appeals
Matthew Marcus, II v. State of Indiana
Criminal. Strikes Marcus’ appeal brief and remands the matter to the trial court for appointment of competent counsel. His public defender advocated for a review of his client’s sentence under the manifestly unreasonable standard, which was replaced more than a decade ago. And he failed to present a cogent argument with citation within relevant authority.

FLM, LLC v. The Cincinnati Insurance Company, et al.
Civil plenary. Grants rehearing and affirms original decision, which reversed and remanded with instructions to enter summary judgment in favor of property owner FLM on the issue of property damage coverage. Concludes as a matter of law that the property damage was not expected or intended by IRI and thus the exclusion does not apply.

D.Y. v. State of Indiana
Juvenile. Reverses adjudication as a delinquent child for what would be Class A misdemeanors dangerous possession of a firearm and carrying a handgun without a license. The juvenile court abused its discretion in admitting the firearm found on D.Y. because it was obtained through a search incident to an unlawful arrest. Remands with instructions to vacate the true findings and D.Y.’s adjudication.

Ignacio Perez v. State of Indiana
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class A misdemeanor resisting law enforcement.  The law of the case doctrine precludes the review of Perez’s claim that the police unconstitutionally seized his person. But in light of Florida v. Jardines, the canine sniff of his front door violated the Fourth Amendment. But the probable cause affidavit contained sufficient facts independent of those discovered by the canine sniff to provide probable cause for the warrant to search his home.

In re the Supervised Estate of Gary Roberts, Deceased; Martha Blevins, Appellant and In re the Supervised Estate of Elizabeth A. Roberts, Deceased; Martha Blevins, Appellant
Estate, supervised. Reverses determination that a gun collection located in the Robertses’ home was “household goods” to which Elizabeth Roberts held a right of survivorship under I.C. 32-17-11-29. The gun collection does not fit within the term “household goods.”

David Cupello v. State of Indiana
Criminal. Reverses Cupello’s conviction of Class A misdemeanor battery on a law enforcement officer. The state presented sufficient evidence that an off-duty constable was engaged in the performance of his official duties. Also holds under the statute enacted by the General Assembly in response to Barnes v. State, the Castle Doctrine is an affirmative defense to the crime of battery on a law enforcement officer when that officer has unlawfully entered the person’s dwelling. In this case, Cupello exercised reasonable force under I.C. 35-41-3-2(i)(2) to prevent or terminate an unlawful entry by a public servant into his home. Judge Mathias concurs in separate opinion.

In the Matter of the Termination of the Parent-Child Relationship of: D.R., L.R., & S.R. (Minor Children), A.R. (Father) v. The Indiana Department of Child Services (mem. dec.)

Juvenile. Affirms termination of parental rights.

Roland O. Ward v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

Aaron M. Taylor v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.