Opinions Oct. 25, 2016

October 25, 2016

Indiana Supreme Court
In the Matter of: Terry Lee Smith
Disciplinary. Enters judgment in favor of Terry Lee Smith. Finds that the Indiana Supreme Court Disciplinary Commission failed to meet its burden of proving by clear and convincing evidence that Smith violated Indiana Professional Conduct Rule 8.4(d).

State of Indiana v. Robert Collier
Post conviction. Affirms post-conviction court’s decision to grant Robert Collier’s motion for relief from judgment so that he could seek meaningful post-conviction review. Finds that Collier sufficiently demonstrated that he filed his motion for relief within a reasonable time considering the circumstances, that he is entitled to extraordinary relief and that he alleged a meritorious claim.

Indiana Court of Appeals
Mary Price, on her own behalf and on behalf of a class of those similarly situated v. Indiana Department of Child Services; Director, Indiana Department of Child Services
Civil plenary. Affirms Marion Superior Court’s ruling that Mary Price has no private right of action under the section of Indiana code referenced in the case. Reverses trial court decision dismissing Price’s claim with respect to the mandate. Remands for further proceedings. Judge Margret Robb concurs and concurs in result with separate opinion. Judge James Kirsch concurs and dissents with separate opinion.

Randy Faulkner & Associates, Inc. and Randall W. Faulkner v. The Restoration Church, Inc.
Civil plenary. Grants rehearing to consider The Restoration Church’s argument that the court failed to consider Section 41 of its lease with Randy Faulkner & Associates. Reaffirms July 2016 decision.

Homer T. Richards v. State of Indiana (mem. dec.)
Criminal. Affirms Homer T. Richards’ conviction for attempted murder as a Level 1 felony. Finds that the Allen Superior Court properly advised Richards of the disadvantages of self-representation and did not coerce him into forgoing his right to act pro so. Finds that the trial court acted within its discretion by admitting Exhibit 1 into evidence.

Mark A. Dickmeyer v. State of Indiana (mem. dec.)
Criminal. Affirms Mark A. Dickmeyer’s sentence of two years to be executed at the Department of Correction following his guilty plea to Level 6 felony residential entry. Finds that Dickmeyer failed to show that his sentence is inappropriate.

Terik C. Prater v. State of Indiana (mem. dec.)
Criminal. Affirms Terik C. Prater’s conviction for dissemination of matter harmful to minors as a Level 6 felony. Finds that the state presented sufficient evidence to support Prater’s conviction.

Ralph Martinez v. State of Indiana (mem. dec.)
Criminal. Affirms Ralph Martinez’s convictions for felony murder and Class C felony robbery. Finds that the Lake Superior Court did not abuse its discretion by admitting Martinez’s cell phone, which was seized during a search of the residence, or by admitting surveillance video under the silent witness theory. Finds that the trial court acted within its discretion by prohibiting re-cross-examination.

Charles D. Gilliam, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Dwayne Gilliam Jr.’s conviction for Level 2 felony robbery resulting in serious bodily injury. Concludes that Gilliam’s use of force occurred during the robbery, not after has he claimed.

D.B. v. State of Indiana (mem. dec.)
Juvenile. Affirms D.B.’s delinquency adjudication for two counts of rape, Level 3 felonies if committed by an adult. Finds that the juvenile court properly admitted impeachment evidence.