Opinions June 28, 2016

June 28, 2016
KEYWORDS Opinions / neglect

Indiana Supreme Court
In the Matter of Charles P. White
Attorney discipline. Suspends the former Indiana Secretary of State for at least two years without automatic reinstatement. Finds that Charlie White’s felony convictions of perjury, voting outside a precinct of residence and theft are violations of Indiana Professional Conduct Rules 8.4(b) and 8.4(c), committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer; and conduct involving dishonesty, fraud, deceit or misrepresentation. The order extends an existing interim suspension that has been in place for more than four years.

Steven Clippinger v. State of Indiana
Life without parole. Affirms Steven Clippinger’s two sentences of life in prison without parole and 20-year sentence for possession of a firearm by a serious violent felon, all to be served consecutively. Holds that Indiana statute allows for the imposition of consecutive LWOP sentences and that the trial court’s revised sentencing order contained errors. Imposes same sentence as trial court.

Indiana Court of Appeals
Rachel Staggs v. Corena Buxbaum
Civil plenary. Affirms award for Corena Buxbaum after Buxbaum filed suit because a house had moisture issues she did not know about and did not have the septic system she thought it would have. She got relief via the Crime Victim Relief Act after the court found CVRA damages are different than punitive damages and the award she received was not clearly erroneous.

Jeffrey B. Morgan and Wendi S. Morgan v. Andrew White and Holly White
Civil plenary. Affirms findings of fact, conclusions and judgment in favor of the Whites on their counterclaim for adverse possession and quiet title. Holds the Whites satisified each of the elements regarding property up to the fence line.

Timothy J. Jimerson v. State of Indiana
Criminal. Affirms Timothy Jimerson’s conviction of Class A misdemeanor voluntary manslaughter after the COA found the trial court did not err in restricting Jimerson’s expert witness’s testimony. The witness was about to apply information he talked about regarding false confessions to Jimerson’s case.   

Elaine Chenore v. Robert Plantz
Civil collection. Reverses dismissal of Elaine Chenore’s attorney malpractice action against Robert Plantz. Holds her complaint was improperly dismissed pursuant to Indiana Trial Rule 12(B)(6).

Connie Duty, Coleen Grayson and Frank Riffert v. The Estate of Hazel A. Geiselman, Deceased; Jane Ann Hamby, Individually; Jane Ann Hamby, as Personal Representative of the Estate of Hazel A. Geiselman, et al. (mem. dec.)
Trust. Affirms summary judgment for Geiselman’s estate and Jane Ann Hamby after Connie Duty challenged an amendment to the trust. Reverses and remands as Hamby was also entitled to summary judgment in her additional position as trustee of the trust.  

Nicholaus Griesemer and Alexander Griesemer, Minor Children, By Next Friend, Pamela Griesemer v. Brian Griesemer (mem. dec.)
Civil tort. Affirms trial court’s order denying Nicholaus and Alexander Griesemer’s motion to correct error.

 In the Matter of: J.L. and L.L., Children in Need of Services, Q.L. v. The Indiana Department of Child Services
Juvenile. Affirms mother’s children are in need of services.

Stacy Robey v. State of Indiana
Criminal. Affirms Stacy Robey’s convictions of theft as a Class A misdemeanor.