Opinions March 26, 2015

March 26, 2015

Indiana Supreme Court
First American Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Ind., in his Official Capacity, on Behalf of the Ind. Dept. of Insurance
Civil plenary. Grants rehearing to delete the first clause in third footnote. Agreed its reversal of the denial to dismiss First American’s petition appears to be inconsistent with its affirming the concerns about the timeliness of the commissioner of the Indiana Department of Insurance’s hearing order and First American’s failure to exhaust administrative remedies.

Indiana Court of Appeals
LBLHA, LLC, Margaret L. West, and Don H. Gunderson v. Town of Long Beach, Indiana, Alliance for the Great Lakes and Save the Dunes, Long Beach Community Alliance, Patrick Cannon, et al.
Civil plenary. Reverses entry of summary judgment in favor of the town of Long Beach. Finds the trial court should have allowed the plaintiffs to add the state of Indiana as a defendant before ruling on the plaintiffs’ claims. Remands for further proceedings with the state added as a party.

Marvin Crussel v. State of Indiana

Criminal. Affirms conviction of Class B misdemeanor reckless driving for driving 91 mph in a 55-mph zone. Crussel also was convicted of a speeding infraction. The recklessness conviction was affirmed because the court could have reasonably inferred that Crussel’s act of driving at that speed at around 10:30 p.m. in the dark of night on a portion of a country road that had houses and cross streets endangered the safety and property of others.

Malaysia D. Lockhart v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of two counts of Class B felony unlawful possession of a firearm by a serious violent felon.

A.A. v. A.S. (mem. dec.)
Protective order. Reverses protective order granted against A.A. Finds A.S.’s petition should have been denied because she made no allegations of any new instances of abuse since her prior petition for a protective order was denied in October 2013.

Juan Humberto Lara-Molina v. State of Indiana (mem. dec.)
Criminal. Affirms 18-year aggregate sentence for guilty plea to dealing in cocaine, a Class B felony, synthetic identity deception, a Class D felony, and operating a vehicle without ever having received a license, a Class C misdemeanor.

Antwain Bateman v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft for using counterfeit currency to purchase items for a retailer.

Eugene Bowers v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of one count of intimidation, as a Class D felony.

Scotty Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Johnson’s conviction of criminal deviate conduct, as a Class B felony, and sexual battery, as a Class D felony. 

Dillon Wayne Steinert v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Steinert’s probation and order that he serve his previously suspended four-year sentence. Also affirms two-year sentence with one year suspended to probation for pleading guilty to receiving stolen property, a Class D felony. Finally, affirms order Steinert pay $5,340.06 in restitution.

In the Matter of the Termination of the Parent-Child Relationship of C.S. (Minor Child); J.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights of mother, J.S., to her minor son, C.S.