Opinions July 10, 2015

July 10, 2015

Indiana Supreme Court
The following opinions was posted Thursday after IL deadline

In the Matter of: Tenneil E. Selner
Attorney discipline. Suspends Tenneil E. Selner for three years without automatic reinstatement for her federal conviction of distribution of pseudoephedrine to participants in a methamphetamine ring. Justices approved the conditional agreement for discipline by a 4-1 vote, with Justice Dickson dissenting, believing Selner’s conduct demonstrated unfitness.

July 10, 2015
Indiana Court of Appeals

State of Indiana v. Braeden Terrell
Criminal. Reverses and remands ruling by trial court that the search of Terrell’s nightstand violated the U.S. and Indiana constitutions. Citing the Indiana Supreme Court’s 2015 decision in Vanderkolk v. State, rules Terrell waived any and all of his search and seizure rights under the Fourth Amendment. Also uses the Indiana Supreme Court’s 2005 ruling of Litchfield v. State to conclude the search was not unreasonable under the totality of circumstance and therefore did not violate the Indiana Constitution.  

Rose A. Martiradonna f/k/a Rose A. Rynberk v. Gilbert W. Rynberk (mem. dec.)
Domestic relation. Affirms order dissolving marriage of Rose and Gilbert Rynberk. Finds the court did not abuse its discretion in denying wife’s motions to reopen discovery. Also rules court did not err in finding the husband’s three bonuses were not marital assets.

Derek Lee Morris v. State of Indiana (mem. dec.)
Post conviction. Dismisses Morris’ appeal of the denial of his petition for additional credit time. Finds he has already litigated petitions for post-conviction relief and did not file this petition according to the procedures for successive petitions.

Wernle Youth & Family Treatment Center, Inc. v. Review Board of the Indiana Department of Workforce Development and C.B. (mem. dec.)
Civil. Affirms the Review Board of the Indiana Department of Workforce Development that the discharge of employee C.B. by Wernle Youth & Family Treatment Center Inc., was not for just cause and C.B. is entitled to benefits.