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Opinions Dec. 22, 2015

December 22, 2015

Indiana Supreme Court
Randy L. Thornton v. State of Indiana, Ind. Dept. of Corr., Marion Co., Indiana, City of Indianapolis, Matthew Pietrzak, Stephanie Buttz, Eric Lee, and Dianna Johnson
49S02-1512-PL-709
Civil plenary. Grants transfer and reverses the dismissal of Thorton’s Section 1983 claim against the defendants. Remands for further proceedings. The trial court erred when it determined Thorton’s complaint did not state a claim for relief under 42 U.S.C. 1983 against the individually named probation officers. Justices Dickson and Massa dissent without opinion.

Indiana Court of Appeals
In re the 2014 Johnson Co. Tax Sale, Town of Edinburgh v. Patrick Black, Johnson Co. Auditor, and Johnson Co. Treasurer
41A01-1505-MI-445
Miscellaneous. Affirms order denying issuance of tax deed to the town of Edinburgh and granting Black equitable relief. There is ample evidence in the record of Black’s affirmative and good faith efforts to protect his ownership in his property prior to the expiration of the redemption period.  

I.A.E., Inc. and William Lazarus v. Edward R. Hall and Gerald M. Bishop
45A05-1503-PL-100
Civil plenary. Reverses summary judgment with respect to attorneys Hall and Lazarus’ attorney fees based on res judicata grounds but affirms the trial court’s calculation of Bishop’s attorney fees pursuant to the guidelines in Galanis and the grant of expenses. Affirms grant of Hall’s abuse of process claim and concludes the trial court did not abuse its discretion in granting a motion to strike. Denies appellate attorney fees to Bishop and Hall. Remands for further proceedings.

Melissa Capellari v. Gino Capellari
34A05-1505-DR-479
Domestic relation. Affirms denial of mother’s request for attorney fees in defending against father’s petition, which was based on a fee-shifting provision in the parties’ settlement agreement. There was no error by the trial court in its interpretation of the fee-shifting provision as preserving discretion not only in setting the amount of fees, but also in determining whether a party could recover attorney fees at all. Chief Judge Vaidik concurred in result without separate opinion.

Robert Campbell v. State of Indiana (mem. dec.)
89A04-1503-CR-98
Criminal. Affirms 89-year sentence for murder, Class A felony conspiracy to commit robbery and Class B felony conspiracy to commit robbery.

Lawrence T. Davis v. State of Indiana (mem. dec.)
45A04-1503-PC-119
Post conviction. Affirms denial of petition for post-conviction relief.

Marcus Marcellus Tabb v. State of Indiana (mem. dec.)
18A05-1412-CR-603
Criminal. Affirms convictions of Class A felony neglect of a dependent, three counts of Class D felony neglect and three counts of Class C felony aiding battery, and a 56-year aggregate sentence.

In the Matter of the Commitment of D.E. v. Columbus Regional Hospital Mental Health Center (mem. dec.)
03A04-1505-MH-313
Mental health. Affirms order D.E. be committed to the mental health center.

Lucille Lewis v. State of Indiana (mem. dec.)
49A02-1503-CR-177
Criminal. Remands for the trial court to conduct an indigency hearing on the completion of Lewis’ sentence, at which time the trial court shall also determine the amount of probation fees owed to correspond with the probation time Lewis actually served and for correction of the clerical error.

Amanda S. Stout v. Ryan E. Stout (mem. dec.)
79A05-1502-DR-81
Domestic relation. Affirms order granting primary physical custody of the children to Ryan Stout. Remands for clarification of mother’s opportunity for additional parenting time consistent with the opinion.

In the Matter of the Term.of the Parent-Child Relationship of F.W., Minor Child, and C.W., Mother v. Ind. Dept. of Child Services (mem. dec.)
16A01-1506-JT-766
Juvenile. Affirms termination of mother’s parental rights.

Melvin J. Knetter v. State of Indiana (mem. dec.)
35A04-1506-CR-646
Criminal. Affirms 60-year aggregate sentence for two counts of Class A felony child molesting, four counts of Class B felony sexual misconduct with a minor and three counts of Class C felony incest.

In the Matter of the Paternity of S.G., Woodson Goebel v. Jessica Hardin (mem. dec.)
82A01-1504-JP-262
Juvenile. Affirms grant of Hardin’s request to relocate to Montana with the parties’ child and the denial of Goebel’s motion to prevent relocation and related motion to modify custody.

James W. Hamilton v. State of Indiana (mem. dec.)
32A01-1508-CR-1201
Criminal. Affirms denial of motion for modification of sentence.

Joseph B. Sabetti v. State of Indiana (mem. dec.)
18A05-1505-CR-448
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Jeffery L. Gipson v. State of Indiana (mem. dec.)
47A01-1501-CR-23
Criminal. Affirms convictions and 110-year sentence for three counts of child molesting and one count of attempted child molesting, all as Class A felonies; and two counts of Class A misdemeanor contributing to the delinquency of a minor.

Teryn Applegate v. State of Indiana (mem. dec.)
31A01-1504-CR-157
Criminal. Affirms sentences under three separate cause numbers for theft and trafficking with an inmate.

Michael Freed v. State of Indiana (mem. dec.)
79A02-1506-PC-599
Post conviction. Affirms denial of petition for post-conviction relief.

Violet E. Tunstall v. State of Indiana (mem. dec.)
15A01-1506-CR-675
Criminal. Affirms order Tunstall serve the remainder of her previously suspended sentence.

Charlene Tabb v. State of Indiana (mem. dec.)
18A05-1407-CR-357
Criminal. Affirms convictions of Class A felony neglect of a dependent, five counts of Class C felony battery and three counts of Class D felony neglect as lesser-included offenses and an 87-year sentence.

 

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