Opinions June 23, 2016

June 23, 2016

The following opinions were posted after IL deadline Wednesday:
Indiana Supreme Court
Dannie Carl Pattison v. State of Indiana
Criminal. Affirms Dannie Pattison’s conviction of operating a vehicle with an alcohol concentration equivalent of 0.08 or more. The court found that an instruction telling jurors they “shall presume” that a chemical test that showed Pattison was above the legal limit less than three hours after his arrest means that Pattison was over the limit while operating his vehicle was not fundamental error. The instruction did not shift the burden of proof to Pattison to prove that he was not over the legal limit.

7th Circuit Court of Appeals
Women’s Health Link Inc. v. Fort Wayne Public Transportation Corp.
United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert L. Miller Jr.
Civil. Reverses and remands decision to not allow advertisements by Women’s Health Link to be put on buses because the ads do not violate the bus company’s ad policy. While Women’s Health is a pro-life organization, their ad does not mention that so it does not violate the company’s policy prohibiting political and religious ads.

Nancy J. Thomas v. Carolyn W. Colvin, Acting Commissioner of Social Security
United States District Court for the Northern District of Indiana, South Bend Division. Judge Theresa L. Springmann.
Civil. Reverses and remands decision denying Nancy Thomas Supplemental Security Income benefits because the administrative law judge’s omission of fibromyalgia from her list of impairments was not supported by the evidence.

Thursday’s opinions
Indiana Court of Appeals
Trondo L. Humphrey v. State of Indiana
Post conviction. Reverses and remands denial of Trondo Humphrey’s petition for post-conviction relief after the court found Humphrey’s counsel was ineffective for not objecting to the use of statement for impeachment only. Also finds that Humphrey’s appeal was not barred by laches.

Duane Harmon v. Gary Fisher
Small claims. Affirms judgment for Gary Fisher after the court found Fisher had no prior knowledge of property he sold to Duane Harmon being attached to a septic system. Harmon had claimed fraud, but Indiana Code 32-21-5-11 states the seller is not responsible for any error he does not know about.

Pinnacle Properties Development Group, LLC v. Alexandra Gales (mem. dec.)
Small claims. Affirms $975 judgment for Alexandra Gales for the return of rent, security deposit, utility deposit and administrative fees paid to Pinnacle, as well as damages for pain and suffering.

Percilla A. Aguilar v. State of Indiana (mem. dec.)
Criminal. Affirms termination of Percilla Aguilar’s participation in drug court and her sentence for Class A felony dealing in cocaine and Class D felony maintaining a common nuisance.

Coby Crowe v. State of Indiana (mem. dec.)
Criminal. Affirms Coby Crowe’s convictions for Class D felony dealing in a sawed-off shotgun and Class A misdemeanor pointing a firearm.  

H.F. v. M.M. (mem. dec.)
Protection order. Affirms termination of an ex parte order of protection.

Christopher M. Castillo v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Castillo’s sentence for Class D felony theft.

Eric Byrd v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Eric Byrd’s probation.

Kelvin Underwood v. State of Indiana (mem. dec.)
Post conviction. Affirms dismissal of Kelvin Underwood’s petition for post-conviction relief.

Joshua Rigney v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Rigney’s sentence for Class B felony possession of a firearm by a serious violent felon.

J.S. v. W.K. (mem. dec.)
Domestic relations. Affirms ruling for mother on her petition to modify child support and notice of emancipation, verified rule to show cause, motion to compel discovery, verified petition for contempt and notice of pending issues, and motion to compel filed May 1.

Vincent C. Jones v. State of Indiana (mem. dec.)
Criminal. Affirms Vincent Jones’ convictions of Class A felony child molesting and two counts of Class B felony sexual misconduct with a minor.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.C. (Minor Child), and W.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of father’s parental rights.  

Jessica Skidmore-Chisholm v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
Agency action. Affirms Review Board of Indiana Department of Workforce Development’s ruling denying unemployment benefits.

Kiaget Davis v. State of Indiana (mem. dec.)
Criminal. Affirms Kiaget Davis’ conviction of theft as a Class A misdemeanor.