Opinions April 13, 2016

April 13, 2016

Indiana Supreme Court
The following opinions were issued after IL deadline Tuesday.

William Clyde Gibson III v State of Indiana

Criminal. Affirms death sentence for William Clyde Gibson in murder of Stephanie Kirk, finding the trial court did not err and the sentence is not inappropriate.

In RE the Custody of M.B. B/N/F S.C. and D.C. v S.B. and S.W.
Miscellaneous. Reverses and remands decision to Posey Circuit Court, holding aunt and uncle had standing to file a custody suit while the child and mother were subject to a child in need of services case at the same time in the same court.

Indiana Court of Appeals
Michael Garrison and Janet Garrison v. Elesha Ford and United Farm Family Mutual Insurance Company

Civil tort. Reverses and remands change of venue from Marion County to Johnson County after the Garrisons filed a complaint against another when they were in an auto accident in Johnson County. Marion County is a preferred venue because it’s the location of the insurer, and convenience doesn’t trump precedence in determining preferred venue.

Christopher Bell v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of felony murder.

Christopher D. Manley v. State of Indiana (mem. dec.)
Criminal. Affirms one-year sentence for conviction of Class A misdemeanor criminal conversion.

Arcine Cook v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 3 felony criminal confinement with a deadly weapon.

Scott Afanador v. State of Indiana (mem. dec.)
Criminal. Affirms trial court’s denial of his motion for discharge.

Cameron L. Kizer v. State of Indiana (mem. dec.)
Miscellaneous. Reverses trial court’s judgment forfeiting $692, which was seized upon Kizer’s arrest for Level 6 felony possession of cocaine. The evidence was insufficient to support the forfeiture.

Tim Johnson v. Julie Johnson (mem. dec.)
Domestic relations. Affirms distribution of marital assets.

Thomas Moore v. State of Indiana (mem. dec.)
Affirms sentence for conviction of two counts of fraud on a financial institution and one count of criminal conversion as Level 5 felonies; two counts of felony theft and one count of felony possession of methamphetamine as Level 6 felonies; one count of Class B misdemeanor possession of marijuana; and adjudication as a habitual offender.