Opinions Feb. 16, 2016

February 16, 2016
KEYWORDS Opinions / neglect

Indiana Supreme Court
Tom Bonnell v. Ruby A. Cotner, Douglas Wayne Cotner, Arthur J. Johnson, Jimmy J. Johnson, and Jerry L. Johnson
Civil plenary. Affirms denial of the Cotners’ adverse possession claim and reverses the grant of a prescriptive easement, finding that the sale of the 35-foot-wide strip of land by tax deed extinguished any and all interest the Cotners previously possessed.

Indiana Court of Appeals
Lisa Costello v. Wayne Zollman

Protective order. Affirms dismissal of Costello’s petition for a protective order. The evidence does not lead to a decision opposite that reached by the trial court. Judge Bailey concurs in result without opinion.

Best Formed Plastics, LLC, and Jane Stewart v. George Shoun
Civil plenary. Affirms jury verdict in Shoun’s favor on his retaliatory discharge and invasion of privacy claims and $412,680 in compensatory and punitive damages. There was not abuse of discretion by the court in refusing certain jury instructions nor any error regarding the damages awards.

Secura Supreme Insurance Company, Tim O'Brien, and Sandra O'Brien v. Diana Johnson
Civil plenary. Affirms denial of summary judgment to Secura Supreme Insurance Co. and reverses grant of summary judgment in favor of Johnson as the issue of whether Nicole Alarid was an “insured” under the O’Briens’ homeowners insurance policy is a genuine issue of material fact.

Frantz Jerry Sainvil v. State of Indiana
Criminal. Affirms convictions of and sentences for Level 4 felony possession of cocaine; and Class A misdemeanors possession of a controlled substance, possession of paraphernalia, resisting law enforcement and possession of marijuana. Sainvil’s prosecutorial misconduct argument is moot and his sentence is not inappropriate.

Gary L. Mefford v. State of Indiana
Criminal. Affirms convictions after a bench trial of three counts of Class D felony theft, finding the trial court did not err in denying Mefford’s motion for discharge under Indiana Criminal Rule 4(C) and that the evidence was sufficient to support the convictions.

Joseph B. Mattingly v. Nationstar Mortgage, LLC (mem. dec.)
Mortgage foreclosure. Affirms denial of Mattingly’s motion for relief from judgment based on Trial Rule 60(B)(3).

Vincent P. Wells, Sr. v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Level 6 felony theft.

In Re The Marriage of: Cheryl Ann Hester v. Michael D. Hester, Jr. (mem. dec.)
Domestic relation. Affirms order granting the motion for relief from judgment of Michael D. Hester Jr. Denies his request for appellate attorney fees.

In the Matter of the Term. of the Parent-Child Relationship of: C.A.L., B.A.L., and B.C.L. (Minor Children), C.L. (Father) and J.S. (Mother) v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.  

Robert Dowell v. State of Indiana (mem. dec.)
Criminal. Affirms conviction and sentence for Level 6 possession of methamphetamine.

In Re The Marriage Of: Thomas Todd Reynolds v. Tricia Reynolds (mem. dec.)
Domestic relation. Reverses order finding Thomas Todd Reynolds in contempt.

Rhonda J. Mattingly v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Mattingly’s probation and order she serve the balance of her previously suspended sentence.  

Joseph F. Cotter v. State of Indiana (mem. dec.)
Criminal. Affirms sentence after guilty plea to Level 6 felony theft.

Richard R. Hogshire v. Ursula Hoover (mem. dec.)
Domestic relation. Affirms order awarding temporary maintenance to Hoover.

Kevin Graham v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation and imposition of the previously suspended portion of Graham’s sentence.

Angela Gamester v. Russell Gamester (mem. dec.)
Domestic relation. Affirms trial court judgment valuing several marital assets as of the date of the final hearing rather than the date of the dissolution petition, and the ordered child support in the amount of $80 per week.

Christopher J. West v. State of Indiana (mem. dec.)
Criminal. Affirms denial of his motion to modify sentence.

Jerry L. McClure v. State of Indiana (mem. dec.)
Post conviction. Dismisses McClure’s appeal of the summary dismissal of his petition for post-conviction relief.

Angelo Cappas v. ThruPort Intermodal, LLC (mem. dec.)
Civil plenary. Affirms entry of summary judgment in favor of ThruPort Intermodal LLC and against Cappas.

Anthony W. Dager v. State of Indiana (mem. dec.)
Criminal. Affirms 30-year sentence for three counts of Level 4 felony operating a motor vehicle with a blood alcohol concentration of 0.15 or more and causing death.

Christina Feiock v. Korey Ricciardi (mem. dec.)
Juvenile. Affirms order granting Korey Ricciardi’s motion to modify physical and legal custody of the couple’s 8-year-old son.

James Baldwin v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Blake John Drapeau v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A misdemeanors criminal trespass and resisting law enforcement.

Danny R. Slawnikowski v. State of Indiana (mem. dec.)
Criminal. Dismisses appeal of Slawnikowski’s sentence for Class A misdemeanor domestic battery.

Michael P. McCoy v. State of Indiana (mem. dec.)
Criminal. Affirms 60-year executed sentence after guilty plea to Level 1 felony child molesting, Class A felony child molesting, and Class B felony incest.

Dupree M. Steward v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.

Kevin Gayles v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of placement in community corrections.

Mirza Raheem, M.D. v. Pinnacle Healthcare, LLC (mem. dec.)
Civil plenary. Reverses grant of summary judgment in favor of Pinnacle Healthcare on Raheem’s complaint for breach of contract. Remands for trial regarding damages.

Johnny J. Wesley, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony battery by means of a deadly weapon and Class D felony intimidation.

Patrick Hardy v. State of Indiana (mem. dec.)
Criminal. Reverses order of restitution after Hardy’s conviction of Level 2 felony burglary. Remands for the trial court to hold a new restitution hearing.

Robert C. Summers, III v. State of Indiana (mem. dec.)
Criminal. Affirms sentences imposed for Class A misdemeanor theft and Level 5 felony burglary.