Opinions Oct. 27, 2015

October 27, 2015

The following Indiana Supreme Court opinion was posted after IL deadline Monday:
Wenzel Williams v. State of Indiana
Criminal. Finds trial court should have excluded a detective’s testimony regarding his observation of a controlled drug by in which he said “there’s zero doubt in my mind that that was a transaction for cocaine.” The statement was inadmissible under Evidence Rule 704(b) but the error was harmless, so Williams’ convictions for dealing cocaine are affirmed.

Tuesday’s opinions
Indiana Court of Appeals
Jonathan E. Powell v. State of Indiana
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. The state failed to prove Powell was on the bar’s property when an off-duty police officer asked him to leave.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.G. (Minor Child): A.M. (Father) v. Indiana Department of Child Services
Juvenile. Affirms termination of father’s parental rights. A.M. argued that paternity was not established until four months before the termination proceedings and, as a result, the statutory requirement of removal from “the home” for 15 of the most recent 22 months cannot be met, but COA interprets “the home” to mean the home of the child and not the home of the particular parent.

Fathollah Partow v. Countryside Homeowners Association, Inc. (mem. dec.)
Small claims. Affirms judgment entered against Partow in favor of the homeowners association for unpaid assessments for 2013 and 2014, late fees, administrative fees and attorney fees.

Eric Allen v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class C felony operating a motor vehicle while privileges are forfeited for life, finding sufficient evidence Allen “operated” a motor vehicle.

Ronald Miller, d/b/a United Country Washington County Indiana Real Estate, LLC v. Anthony Arnold, Rhonda Arnold, Lee Ann Arnold, Daniel Arnold, Mid-Southern Savings Bank, FSB, et al. (mem. dec.)
Mortgage foreclosure. Affirms ruling in favor of the Arnolds, releasing them from the conditional land sale contract and entering judgment in their favor of nearly $20,000. Affirms denial of motion to correct error.

David Tilton v. EIM, LLC, John M. Wyatt, Individually and d/b/a Wyatt Construction, and Jennifer Thompson (mem. dec.)
Civil tort. Affirms summary judgment in favor of EIM LLC on Tilton’s personal injury action for damages stemming from his fall from a third-story balcony in Thompson’s home.

Collin McAllister v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without being licensed.

Jeffery Allen Hmurovic, Sr. v. State of Indiana (mem. dec.)
Criminal. Reverses conviction of Class B felony sexual misconduct with a minor and remands for the trial court to resentence Hmurovic, if it so chooses, on his Class C felony incest conviction.

T.H. and J.W. v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Gary L. Monday v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to correct erroneous sentence.