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Opinions April 21, 2016

April 21, 2016

Indiana Supreme Court
Adam Horton v. State of Indiana
79S02-1510-CR-628
Criminal. Reverses Adam Horton’s conviction of Class D felony domestic battery after the court found Horton did not waive his right to jury trial on the charge. Remands for a new trial. The failure to confirm his person waiver before proceeding to a bench trial was fundamental error.

Indiana Court of Appeals
Victor Roar v. State of Indiana
49A02-1506-CR-506
Criminal. Affirms Victor Roar’s conviction for intimidation, a Class A misdemeanor. The evidence demonstrates that Roar communicated a threat and that he did so with the intent to place the victim in fear of retaliation for a prior lawful act. Judge May dissents with separate opinion.

Alexin, LLC v. Olympic Metals, LLC
90A02-1510-CT-1608
Civil tort. Affirms Alexin LLC should pay Olympic Metals’ attorney fees, but denies Olympic’s request for appellate attorney fees. Alexin knew or reasonably should have known that its damages were self-inflicted when it filed its complaint against Olympic.

Brandon S. Spalding v. State of Indiana (mem. dec.)
22A01-1510-CR-1607
Criminal. Affirms revocation of Brandon Spalding’s three-year suspended sentence after he violated the terms of his probation.
 
Eric A. Bail v. State of Indiana (mem. dec.)
20A05-1503-CR-94
Criminal. Affirms Eric Bail’s conviction of Class A misdemeanor operating a vehicle while intoxicated.

Dustin J. Spence v. State of Indiana (mem. dec.)
84A01-1509-CR-1414
Criminal. Affirms Dustin Spence’s six-year sentence after he pleaded guilty to Level 4 felony burglary.

GCCFC 2006-GG7 Beachway Drive, LLC v. William D. Boyce Trust 2350; William D. Boyce Testamentary Trust 3649; and William D. Boyce Testamentary Trust 3650 (mem. dec.)
49A02-1502-MF-109
Mortgage foreclosure. Dismisses appeal of the denial of Beachway Drive’s motion for summary judgment after it did not file a timely notice of appeal.

Dukes Health System, LLC, d/b/a Dukes Memorial Hospital v. Christena Seifried (mem. dec.)
49A02-1506-CT-734
Civil tort. Affirms judgment in favor of Seifried after she slipped and fell in one of the hospital’s hallways.

In re the Marriage of R.E.F. v. A.M.A. f/k/a A.M.F. (mem. dec.)
41A01-1508-DR-1021
Domestic relations. Affirms decree dissolving marriage.

Max Nicholson v. State of Indiana (mem. dec.)
25A03-1506-CR-764
Criminal. Affirms Max Nicholson’s convictions of one count of Class C felony theft and six counts of Class D felony fraud.

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