Opinions April 28, 2016

Keywords neglect / Opinions

Indiana Supreme Court
Kathy L. Siner, Personal Representative of the Estate of Geraldine A. Siner, Deceased, et al. v. Kindred Hospital Limited Partnership, d/b/a Kindred Hospital of Indianapolis, et al.
Civil tort. Reverses find of summary judgment for Kindred Hospital and Mohammed Majid after the Supreme Court found genuine issues of material fact in the case.

Leonard L. Suggs v. State of Indiana
Criminal. Changes one Level 6 felony battery charge to a Class A misdemeanor after it found a person Leonard Suggs hit with a bowling ball was not a household or family member.

Town of Fortville v. Certain Fortville Annexation Territory Landowners
Miscellaneous. Affirms decision not allowing the town of Fortville to annex 644 acres of land because the town did not need the territory for its development in the reasonably near future.

Indiana Court of Appeals
Corey T. Weaver v. State of Indiana
Criminal. Reverses Corey Weaver’s conviction of Class C misdemeanor failure to identify for refusing to identify himself to a law enforcement official. Because Weaver did not refuse to provide his address, the state did not meet its burden that Weaver refused to provide his name, address and date of birth. Remands for further proceedings. Judge Altice dissents with separate opinion.
Gerald W. Stephenson v. State of Indiana
Criminal. Affirms conviction for Class B felony battery. There is enough evidence to support Gerald Stephenson’s conviction, and his 180-day jail sentence is not inappropriate in light of the nature of the offense and his character.

Susan Stewart, Personal Representative of the Estate of Joanne Hatton, deceased v. Arthur Alunday, M.D.
Civil tort. Affirms denial of Susan Stewart’s motion for judgment on the evidence in her medical malpractice lawsuit against Dr. Arthur Alunday. Finds the trial court erred in determining Alunday made a judicial admission and that, based on previous case law, the admission should be considered by the trier of fact. Clarifies that judicial admissions are conclusive and binding on the trier of fact.

Alfonso M. Aguayo and William O'Connor v. City of Hammond Inspection Department
Small claim. Reverses in part grant of the city’s motion to disqualify William O’Connor as Alfonso Aguayo’s counsel because he had previously acted as counsel for the city. The order was only valid in the instant case, and should not have included any future case.

Tyreese Taylor-Bey v. State of Indiana
Criminal. Affirms Tyreese Tylor-Bey’s conviction of murder despite his claims he is a “Moorish American National Sovereign” and “secured party creditor.” The trial court had jurisdiction.

Joshua Howell v. State of Indiana
Post conviction. Affirms denial of a petition for post-conviction relief. Holds that Howell’s conviction of burglary as a Class B felony for breaking into a house where the occupant had recently died constituted burglary of a dwelling, therefore qualifying as a Class B felony rather than a Class C felony.

W.W. and A.V. v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms child is a child in need of services.

Obed Bailey v. State of Indiana (mem. dec.)
Criminal. Affirms Obed Bailey’s conviction and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.

Tanno Sheard v. State of Indiana (mem. dec.)
Criminal. Affirms Tanno Sheard’s conviction for operating a vehicle while intoxicated causing death as a Class C felony. Remands to trial court to clarify whether Sheard still has four judgments of conviction entered against him.

Lorenzo Adams v. State of Indiana (mem. dec.)
Criminal. Affirms Lorenzo Adams’ conviction for carrying a handgun without a license as a Class A misdemeanor.

Brandon Foster v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Brandon Foster’s contempt motion after his trial attorney provided Foster with a copy of the case file that was stored at the county public defender’s office.

Alan E. Dewitt v. State of Indiana (mem. dec.)
Criminal. Affirms Alan Dewitt’s convictions for dealing in methamphetamine, a Level 5 felony; possession of chemical reagents or precursors with intent to manufacture a controlled substance, a Level 6 felony; maintaining a common nuisance, a Level 6 felony; and possession of paraphernalia, a Class A misdemeanor.

M.D. v. State of Indiana (mem. dec.)
Juvenile. Dismisses as moot appeal of M.D.’s adjudication as a delinquent child for committing battery, a Level 5 felony if committed by an adult. M.D. has already completed his time in secure detention.
Shandell T. Willingham v. State of Indiana (mem. dec.)
Criminal. Affirms Shandell Willingham’s convictions of Class B felony dealing in a narcotic drug, Level 4 felony dealing in a narcotic drug, Level 6 felony possession of heroin, and Level 6 felony maintaining a common nuisance.

Jerry Strawser v. State of Indiana (mem. dec.)
Criminal. Affirms Jerry Strawser’s sentence of 36 years executed in the Department of Correction for three counts of robbery as a Level 3 felony.
Earl D. Napier v. State of Indiana (mem. dec.)
Criminal. Affirms Earl Napier’s sentence for convictions of four counts of child molesting, two as Class A felonies and two as Class C felonies.

Darren Morgan v. State of Indiana (mem. dec.)
Criminal. Affirms Darren Morgan’s conviction of Class A misdemeanor invasion of privacy after he violated a no-contact order.

Gregory Reasons v. Joanne Reasons (mem. dec.)
Domestic relations. Affirms trial court did not abuse its discretion when it denied a motion Gregory Reasons filed to continue the final hearing.

Danny Huynh v. Nga Pham (mem. dec.)
Domestic relations. Affirms order dissolving husband’s marriage to wife.

Julius Anderson v. State of Indiana (mem. dec.)
Criminal. Affirms Julius Anderson’s conviction and 55-year sentence for murder.


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