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Opinions June 16, 2016

June 16, 2016

Indiana Supreme Court
Thomas L. Hale v. State of Indiana
35S02-1601-CR-37
Criminal. Reverses conviction of dealing in methamphetamine, holding that the trial court abused its discretion by failing to grant Hale depositions of two state witnesses at public expense. Advises trial courts denying an indigent defendant’s motion to depose state witnesses at public expense should issue findings supporting the denial.

Indiana Court of Appeals
William R. Dixon v. Indiana Department of Correction
49A04-1505-PL-484
Civil plenary. Affirms summary judgment for Indiana Department of Correction after the COA found William Dixon’s classification as a sex offender did not violate the ex post facto clauses of the state and federal constitutions.

Byron Etter v. State of Indiana
49A02-1508-CR-1263
Criminal. Affirms denial of Byron Etter’s motion to dismiss after the Court of Appeals found comments made by a judge during a bench conference at trial did not goad the defense into moving for a mistrial. Double jeopardy did not bar Etter’s retrial.

Town of Reynolds v. Board of Commissioners of White County and Certain Identified Landowners Remonstrating Against Ordinance No. 2014-09-02EX-2
79A02-1511-MI-1821
Miscellaneous. Affirms declaratory judgment for the White County Board of Commissioners after the court found the town’s failure to comply with a statute rendered its annexation ordinance void.

Isaiah Samelton v. State of Indiana (mem. dec.)
71A03-1509-CR-1589
Criminal. Affirms Isaiah Samelton’s conviction for attempted murder as a Level 1 felony and aggravated battery as a Level 3 felony.

Lucas R. Carter v. State of Indiana (mem. dec.)
84A04-1509-CR-1336
Criminal. Affirms Lucas Carter’s conviction for dealing methamphetamine.

Brian J. Bauermeister v. Sandra J. Churchman and The Courier-Journal, Inc. (mem. dec.)
88A05-1601-CT-96
Civil tort. Affirms summary judgment in favor of the Courier Journal that Sandra Churchman was not an agent or employee of the Courier Journal at the time of Bauermeister’s vehicle accident.

Richard Hoffman v. Rhonda Hoffman (mem. dec.)
02A03-1511-DR-1996
Domestic relations. Dismisses Richard Hoffman’s appeal of the denial of his petition to annul his marriage to Rhonda Hoffman.

John D. May v. Erik C. Allen, et al. (mem. dec.)
28A04-1601-PL-114
Civil plenary. Affirms denial of John May’s motion to correct error in his suit where he challenged denial of his access to court records and sued several state and county officials.

Edward G. Shell v. State of Indiana (mem. dec.)
02A04-1511-CR-2025
Criminal. Affirms Edward Shell’s sentence following his conviction of Level 6 felony theft.

David Wayne Singer v. State of Indiana (mem. dec.)
49A02-1509-PC-1418
Post conviction. Affirms denial of David Singer’s petition for post-conviction relief.

In the Matter of: K.M., I.M., H.M., & G.M. (Minor Children): C.K. (Mother) v. Ind. Dept. of Child Services (mem. dec.)
48A04-1512-JC-2134
Juvenile. Affirms trial court had jurisdiction over mother’s children to designate them as children in need of services.

Segun Rasaki v. Union Savings Bank (mem. dec.)
29A04-1510-MF-1779
Mortgage foreclosure. Affirms Union Savings Bank’s motion to lift a stay preventing the sale of Segun Rasaki’s property that was foreclosed upon.
 

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