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Opinions May 13, 2015

May 13, 2015

The following opinions were posted after IL deadline Tuesday:
Indiana Supreme Court

Daniel Lee Pierce v. State of Indiana
78S05-1407-CR-460
Criminal. Affirms Pierce’s convictions for molesting his three young granddaughters. Finds his abuse of the girls in his care was sufficiently connected, so he is not entitled to new and separate trials. Remands for the purpose of resentencing on one count of Class A felony child molesting because the trial court erred by suspending six years of Pierce’s 30-year sentence for that count. Justices Robert Rucker and Brent Dickson concur in a separate opinion.

In the Matter of J.K., A Child in Need of Services: M.K. v. Marion County Department of Child Services and Child Advocates, Inc.
49S02-1505-JC-260
Juvenile. Reverses CHINS adjudication related to J.K. The trial court’s remarks and conduct, in their cumulative effect, breached the court’s duty of impartiality and amounted to coercion of father.

YTC Dream Homes, Inc., et al. v. DirectBuy, Inc., et al.
45S03-1505-PL-264
Civil plenary. Reverses request by YTC Dream Homes for five out-of-state attorneys to be admitted pro hac vice. Lake County Local Rule 5(C) does not create a presumption against pro hac vice admissions. The local rule cannot vitiate the trial court’s discretion to find good cause for temporary admission under Admission and Discipline Rule 3(2).

Indiana Tax Court
Property Development Company Four, LLC v. Grant County Assessor
49T10-1401-TA-3
Tax. While the Indiana Board of Tax Review correctly determined that the assessor was authorized to assess the subject properties under Indiana Code § 6-1.1-9-1, et seq., it erred in determining that Property Development had received sufficient notice of those assessments. Remands the matter to the board for action consistent with this opinion.

Wednesday’s opinions
Indiana Supreme Court

In the Matter of: Andrew D. Thomas
82S00-1305-DI-386
Discipline. Suspends Thomas for 240 days without automatic reinstatement for neglect of a client’s case, pervasive mismanagement of his attorney trust account and conversion of client funds.

Indiana Court of Appeals
D.F. v. State of Indiana
49A02-1408-JV-575
Juvenile. Affirms adjudication as a delinquent for committing what would be Class A misdemeanors dangerous possession of a firearm and carrying a handgun without a license, if committed by an adult. The police officer did not violate D.F.’s Fourth Amendment rights when he unfolded the teen’s sweatshirt and found a gun. The officer’s actions were reasonable under the circumstances and did not violate the teen’s rights under Article 1, Section 11 of the Indiana Constitution.

Latoyia Smith v. State of Indiana
49A05-1409-CR-400
Criminal. Affirms conviction of Class A misdemeanor battery. The state produced sufficient evidence to prove beyond a reasonable doubt that Smith committed battery not protected by the parental privilege.

Richard A. Gill v. State of Indiana (mem. dec.)
79A02-1408-CR-594
Criminal. Affirms convictions of three counts of Class A felony child molesting, five counts of Class C felony child molesting and one count each of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor.

Darin Jackson v. State of Indiana (mem. dec.)
49A02-1404-CR-230
Criminal. Affirms conviction of Class B felony conspiracy to commit criminal confinement.

Valene Miller v. State of Indiana (mem. dec.)
49A04-1410-CR-479
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

John R. Royer v. Laurie Royer (mem. dec.)
79A02-1408-DR-615
Domestic relation. Affirms dissolution court’s orders finding father in contempt of court and modifying his child support obligation.

Paul A. Moore v. State of Indiana (mem. dec.)
49A02-1407-PC-475
Post conviction. Affirms denial of petition for post-conviction relief.

Kevin S. Wang v. State of Indiana (mem. dec.)
40A05-1409-CR-442
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, two counts of Class D felonies possession of chemical reagents or precursors with intent to manufacture controlled substances, and Class D felony maintaining a common nuisance.

City of Lawrenceburg, Indiana Board of Public Works & Safety v. Douglas Taylor (mem. dec.)
15A01-1410-PL-463
Civil plenary. Dismisses the board’s appeal of the trial court’s dismissal of Taylor’s amended complaint without prejudice.

William P. Guffey v. State of Indiana (mem. dec.)
70A01-1409-CR-410
Criminal. Affirms sentence for Class B felony aggravated battery, Class D felony battery resulting in bodily injury to a law enforcement officer and Class B misdemeanor disorderly conduct.

State of Indiana v. M.P. (mem. dec.)
49A02-1411-JV-777
Juvenile. Affirms exclusion of a witness essential to the state’s case after the witness failed to appear at two scheduled depositions.

Nicholous L. Finton v. State of Indiana (mem. dec.)
35A02-1412-CR-840
Criminal. Affirms sentence for Class D felony domestic battery.

In the Matter of the Adoption of L.M.Q., C.Q. v. J.G. and M.G. (mem. dec.)
82A01-1409-AD-391
Adoption. Affirms adoption of L.Q. by J.G. and M.G.

Donald Ray Steger v. State of Indiana (mem. dec.)
48A02-1409-CR-685
Criminal. Affirms revocation of probation and imposition of a 12- month sentence. Remands with instructions to correct the clerical errors in the written orders by removing the alleged violations of failure to abstain from the use of illicit drugs and failure to maintain and/or verify employment.

Robert R. Setree, II, and Beverly L. Setree v. River City Bank (mem. dec.)
10A04-1409-MF-450
Mortgage foreclosure. Affirms summary judgment order granting the bank the right to foreclose on the property.
 

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