Opinions April 19, 2016

April 19, 2016

Indiana Supreme Court
Citizens Action Coalition of Indiana, Energy Policy Institute, and Common Cause of Indiana v. Eric Koch, and Indiana House Republican Caucus
Civil plenary. Affirms dismissal of lawsuit seeking copies of Koch’s, and his staff’s, correspondence with various business organizations in relation to specific legislation. Holds whether the work product exception within the Indiana Access to Public Records Act applies to the Indiana General Assembly presents a non-justiciable question. Justice Rucker dissents in part with separate opinion.

Indiana Court of Appeals
A.B. Doe, a minor child by and through her parent(s); individually and on behalf of all others similarly situated v. Jerome Adams, M.D., in his capacity as the Indiana State Health Commissioner, et al.
Civil tort. Finds there is no threat of potential misuse of a child’s newborn dried blood spot sample and therefore finds child lacked standing in suit, ruling in favor of Indiana State Department of Health.

William Gordon v. Toyota Motor Manufacturing of Indiana
Agency action. Reverses judgment granting William Gordon temporary total disability benefits for 30 weeks and instead orders them provided for two years, as Gordon did not waive his notice of refusal of employment requirement before the hearing on his claim.

Justin Busic v. State of Indiana (mem. dec.)
Criminal. Affirms Justin Busic’s conviction of disorderly conduct, a Class B misdemeanor.

Audrico Berry v. State of Indiana (mem. dec.)
Criminal. Affirms Audrico Berry’s conviction for residential entry, a Level 6 felony.

Darius L. Crockett v. State of Indiana (mem. dec.)
Criminal. Affirms Darius Crockett’s conviction of Class D felonies theft and domestic battery in the presence of a child less than 16.

Maurice Knight, Sr. v. State of Indiana (mem. dec.)
Criminal. Affirms Maurice Knight Sr.’s conviction of unlawful possession of a firearm by a serious violent felon, a Class B felony.

Jason Morehouse v. State of Indiana (mem. dec.)
Criminal. Affirms Jason Morehouse’s conviction of forgery, a Class C felony.

D.E.F. v. State of Indiana (mem. dec.)
Juvenile. Affirms adjudication for one count of battery as a Level 6 felony when committed by an adult, and two counts of battery as Class A misdemeanors when committed by an adult.

Jose Jesus Macias v. State of Indiana (mem. dec.)
Criminal. Affirms Jose Jesus Macias’ convictions and sentence for seven counts of child molesting as Class A felonies, one count of vicarious sexual gratification as a Class B felony, two counts of child molesting as Class C felonies, and one count of dissemination of matter harmful to minors as a Class D felony.

Adrian Anthony v. State of Indiana (mem. dec.)
Criminal. Affirms Adrian Anthony’s conviction of murder, robbery as a Class A felony and carrying a handgun without a license as Class A misdemeanor.

In the Matter of the Termination of the Parent-Child Relationship of S.S., Mother, and A.C., Father, and H.S., Child: A.C. v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of father’s parental rights.

Robert M. Keeton v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Keeton’s convictions of theft as a Class A misdemeanor and battery as a Class B misdemeanor.

Schuyler Stewart v. State of Indiana (mem. dec.)
Criminal. Affirms Schuyler Stewart’s conviction for pointing a firearm at another person, a Class A misdemeanor.

State of Indiana v. Robert Collier (mem. dec.)
Post conviction. Reverses decision finding for Robert Collier in his motion for relief from judgment.

Joshua A. Hinman v. Members Choice Federal Credit Union (mem. dec.)
Small claims. Affirms judgment of $1,889.86 in collection hearing against Joshua Hinman, but reverses attorney fees of $500 as Hinman did not litigate in bad faith.
William E. Stanard v. State of Indiana (mem. dec.)
Criminal. Affirms William Stanard’s transfer to the Department of Correction.

Nicholas Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Nicholas Williams’ conviction for attempted murder.