Opinions March 17, 2016

March 17, 2016

This Indiana Supreme Court decision came in after IL deadline Wednesday.
Samuel Sallee v. State of Indiana
Criminal. Affirms Samuel E. Sallee’s conviction of four counts of murder and his subsequent four life sentences without parole, which are to run consecutively.

Thursday’s opinions
Indiana Court of Appeals
KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels
Civil tort. Affirms denial of KS&E Sports’ motion for judgment on the pleadings against Dwayne Runnels. KS&E asserted immunity from suit arguing Runnels’ damages resulted from criminal misuse of a firearm by a third party.

Toni Ball v. Clifton Jones
Civil tort. Affirms summary judgment that detective was immune from personal liability under Indiana Tort Claims Act. The trial court properly held that as a matter of law, Jones’ actions were within the course and scope of his employment.

 Jeffery Allen Ring v. Kimberly S. Ring
Domestic relations. Affirms selling of a parcel of a farm was a permissible modification of disposition settlement, but appointment of commissioner without husband’s knowledge was not.

Norma Jackson v. Indiana Adult Protective Services
Miscellaneous. Reverses and remands an order that Norma Jackson receive 24-hour care and supervision at a nursing facility. Adult Protective Services did not present sufficient evidence Jackson was involved in a life-threatening emergency.

Steven Richards v. State of Indiana (mem. dec.)
Criminal. Affirms Steven Richards’ sentence of 2 ½ years in county jail with six months suspended to probation for battering his girlfriend.

Catina M. Caudill v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Catina Caudill’s probation.

Leonard Paul Carder v. State of Indiana (mem. dec.)
Criminal. Affirms Leonard Paul Carder’s six-year sentence for Class C felony child solicitation.

Rachel Pittsford v. State of Indiana (mem. dec.)
Criminal. Affirms Rachel Pittsford’s sentence for burglary as a Level 4 felony.

Myles K. Martin, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Myles Martin’s convictions for carjacking, a Class B felony; resisting law enforcement, a Class D felony; resisting law enforcement, Class A misdemeanor; and his adjudication as a habitual offender.

Robert Lee Scott v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Robert Scott’s motion to correct erroneous sentence.

Michael York v. State of Indiana (mem. dec.)
Criminal. Affirms Michael York’s conviction of Class C misdemeanor operating a vehicle with an ACE of 0.08 or greater.

In the Term. Parent-Child Relationship of: M.O. and B.E. and B.O. (Mother) and B.E. (Father) v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Vicky Lochtefeld v. James Lochtefeld (mem. dec.)
Domestic relations. Affirms trial court did not omit a business from marital estate, but holds trial court did not include two accounts in its calculation of marital estate, so remands that part for further proceedings.

In Re the Paternity of R.J.D., D.D. (Father) v. A.J. (Mother) (mem. dec.)
Juvenile. Affirms order denying petition to modify custody filed by father.

Emily J. Karnes v. State of Indiana (mem. dec.)
Criminal. Reverses and remands Emily Karnes’ sentence for Class B felony robbery. Trial court abused its discretion when it improperly imposed a consecutive sentence without clearly articulating the existence of an aggravating circumstance.

Jerry Conn v. State of Indiana (mem. dec.)
Criminal. Affirms Jerry Conn’s convictions for dealing in methamphetamine, a Class B felony, as well as Class D felonies possession of meth, possession of chemical reagents or precursors with intent to manufacture a controlled substance, and maintaining a common nuisance.

In the Matter of J.F. (Minor Child), and L.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms finding child was a CHINS.
Robert Fuentes v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Robert Fuentes’ motion for post-conviction relief.

In the Term. of the Parent-Child Relationship of: C.B. & K.B. (Minor Children) and A.M. (Mother) & D.B. (Father) v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Clyde L. Smith v. State of Indiana (mem. dec.)
Post-conviction. Affirms denial of petition for post-conviction relief.

Steven D. Brazell v. Marie Dezi Jackson (mem. dec.)
Small claim. Affirms judgment for Marie Jackson that Steven Brazell must pay damages in the amount of a contract price for Jackson’s driveway after it deteriorated when Brazell was done with the work.