Opinions Sept. 16, 2016

September 16, 2016

Indiana Court of Appeals
Bradley Starr by Next Friend Heather Starr-Haller and Heather Starr-Haller v. State Farm Automobile Insurance Company and the Indiana Bureau of Motor Vehicles
Civil plenary. Affirms summary judgment for State Farm on Starr-Haller’s complaint seeking coverage for an auto accident. State Farm did not waive its right to deny Starr-Haller the coverage she now claims for an accident that occurred after her coverage had lapsed.

Jerry Arnold d/b/a Arnold's Jewelry and Gifts, Inc. v. Marcellus Long, Jr., Marcellus Long, Jr., P.C. a/k/a Law Office of Marcellus Long, P.L.L.C., and Hatchett Dewalt & Hatchett, P.L.L.C., et al.
Civil plenary. Affirms dismissal of Arnold’s complaint against two Michigan law firms after he was defrauded of more than $20,000 by their client, who was convicted of wire fraud. The Indiana trial court lacked personal jurisdiction over the law firms. The contacts in Indiana between Arnold and the law firms were not continuous and systematic to establish general jurisdiction under the tests established in Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985). Exercising Indiana jurisdiction over the law firms would offend notions of fairness and reasonableness.

Raihiem Johnson v. State of Indiana
Criminal. Affirms conviction of Level 6 felony possession of a narcotic drug. The state presented sufficient evidence to demonstrate Johnson possessed heroin discovered in a car he was driving after a search of the vehicle.

Kathy Phariss, Clara Phariss by Next Friend of, Kathy Phariss v. Sara Haynes, Rick Doepping Personally and d/b/a Shangri-La Farms (mem. dec.)
Civil tort. Reverses order setting aside a default judgment against Sara Haynes. Remands for further proceedings. Judge L. Mark Bailey concurs and dissents with separate opinion.

Phillip David Long and Kathy Long v. Michael J. Lopez (mem. dec.)
Civil tort. Affirms jury verdict in favor of the Longs on their claims against Lopez for $24,000.

Phillip M. Geans v. State of Indiana (mem. dec.)
Criminal. Affirms felony murder conviction.

Jay E. Millen v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony obstruction of justice.

Lindsey P. Smith v. State of Indiana (mem. dec.)
Criminal. Affirms sentence of 1½ years in the DOC, all suspended to probation, conditioned upon Smith’s execution of 30 days of confinement in the Allen County jail following guilty plea to domestic battery in the presence of a child.

Michael Sprague v. State of Indiana (mem. dec.)
Criminal. Affirms 40-year sentence for Class A felony aiding in burglary.

Johnathan L. Bean v. State of Indiana (mem. dec.)
Criminal. Affirms conditions of sex offender probation restricting access to children, use of internet websites and employment in private residences after Bean’s guilty plea to Level 3 felony rape.

Jaaz Alexander Jones v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A felony burglary and Class B felony robbery.

William Wilbert Ward-Bey v. State of Indiana (mem. dec.)
Criminal. Affirms five-year sentence for Class C felony robbery.

Jeremy D. Washington v. State of Indiana (mem .dec.)
Criminal. Affirms convictions of Class C felony operating a vehicle while intoxicated resulting in death, and Class D felonies operating a vehicle while intoxicated causing serious bodily injury and criminal recklessness creating substantial risk of bodily injury.

Nathan Hummel v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.