Opinions May 12, 2016

May 12, 2016

Indiana Court of Appeals
Brandon T. Black v. State of Indiana
Post conviction. Denies Brandon Black’s petition for post-conviction relief as the COA found the failure of Black’s attorney to tell him about sentence maximums did not affect his decision to plead guilty to Class A felony neglect of a dependent.

Mary Osborne v. State of Indiana
Criminal. Reverses and remands decision denying Mary Osborne’s motion to suppress evidence gained from a traffic stop. Finds officer was not in his community caretaker function when he pulled over Osborne after she had escaped from under her car because public interest did not outweigh Osborne’s need for privacy.

Philip D. Kyle v. State of Indiana
Criminal. Affirms a phone conversation between Philip Kyle and the victim’s mother in a child abuse case as well as testimony that the mother was charged with assisting a criminal were admissible evidence. The calls and testimony’s probative nature outweighed the risk of unfair prejudice and were inseparable from the offenses.

In the Matter of F.S., T.W., M.F., and B.F., and B.S. v. Indiana Department of Child Services for Crawford County
Juvenile. Reverses decision that would have allowed Crawford County Department of Child Services to interview two minor children, as the request infringed on mother’s right to raise her children without interference from the state. DCS did not present enough evidence that the interviews were necessary.  

Cheryll Lee v. Blue Chip Casino LLC (mem. dec.)
Civil tort. Reverses decision granting summary judgment to Blue Chip Casino on Cheryll Lee’s lawsuit claiming Blue Chip was negligent for maintaining unreasonably dangerous premises after she slipped and fell.

Richard Hermida v. Cynthia Hermida (mem. dec.)
Domestic relations. Affirms valuation of bank account upon dissolution of marriage.

Luis Rivera v. American Fibertech (mem. dec.)
Agency action. Affirms ruling of Worker’s Compensation Board denying Luis Rivera’s adjustment of claim.
Thomas Dullen v. State of Indiana (mem. dec.)
Criminal. Affirms Thomas Dullen’s conviction of Level 6 felony intimidation.