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Opinions Oct. 26, 2016

October 26, 2016
KEYWORDS Opinions

The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals
United States of America v. Matthew Elder
15-2584
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Chief Judge Richard L. Young.
Criminal. Affirms Matthew Elder’s convictions for conspiracy to distribute methamphetamine. Vacates his sentence to a mandatory term of life imprisonment. Remands for resentencing.

Indiana Supreme Court
Victor Karp v. State of Indiana
15S04-1610-CR-555
Criminal. Affirms Victor Karp’s sentence to an aggregate term of 24 years for his conviction of Level 4 felony burglary and status as a habitual offender. Vacates Court of Appeals statement calling Karp’s sentencing argument “specious and not supported by cogent reasoning.” Justices Mark Massa and Geoffrey Slaughter concur in result.

Wednesday opinions
Indiana Supreme Court
F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers
02S05-1603-CT-114
Civil tort. Reverses summary judgment in favor of Angela Martin on the negligence claim brought by Michalik’s estate. Affirms summary judgment in favor of Martin on the Dram Shop Act claim.

April Goodwin, Tiffany Randolph and Javon Washington v. Yeakle's Sports Bar and Grill, Inc.
27S02-1510-CT-627
Civil tort. Affirms summary judgment in favor of Yeakle’s Sports Bar and Grill Inc. Finds that the bar owed no duty to patrons injured in a shooting because the shooting was not foreseeable as a matter of law.

Indiana Court of Appeals
George D. Jones v. State of Indiana, et al.
89A01-1604-MI-937
Miscellaneous. Affirms the denial of George D. Jones’ petition for specialized driving privileges, which he filed more than six years after having his Indiana driver’s license suspended for life by the trial court. Finds that the Wayne Superior Court’s concerns about enforceability and public safety under the specific circumstances of this case support its decision to deny Jones’ petition.

Brian L. Blevins, Sr. v. State of Indiana (mem. dec.)
18A05-1603-CR-714
Criminal. Affirms Brian L. Blevins Sr.’s conviction for Class A felony conspiracy to commit murder. Finds that the evidence is sufficient and that Blevins has not met his burden to demonstrate that his sentence is inappropriate.

Michael Bertram v. State of Indiana (mem. dec.)
32A05-1603-PC-602
Post conviction. Reverses denial of Michael Bertram’s petition for post-conviction relief. Finds that the post-conviction court’s failure to forward Bertram’s petition to the State Public Defender’s Office after he requested representation was reversible error. Remands with instructions for the post-conviction court to refer Bertram’s petition to the State Public Defender’s Office.

In the Matter of J.T., D.O.B. 12/16/02, alleged to be a Delinquent Child (mem. dec.)
20A05-1602-JV-373
Juvenile. Dismisses the Indiana FSSA Division of Mental Health and Addiction’s appeal of J.T.’s commitment to DMHA and order placing her in LaRue D. Carter Memorial Hospital. Find that DMHA is appealing from an interlocutory order but failed to follow the procedures for permission interlocutory appeals.

In Re the Marriage of: Cheryl Smith v. Lawrence Robinson (mem. dec.)
72A01-1606-DR-1248
Domestic relations. Affirms Scott Superior Court’s order that Lawrence Robinson would have an equal amounting of parenting time of his son, Charles, as his ex-wife Cheryl Smith; that Robinson should pay $70 a week in child support and that Robinson should pay 22 percent of any overtime pay he might receive to Smith. Finds that the trial court did not err by finding that Robinson had properly responded to Smith’s request for admission.

C.N. and G.N. v. Indiana Department of Child Services (mem. dec.)
27A04-1602-JT-438
Juvenile termination of parental rights. Affirms the involuntary termination of C.N. and G.N.’s parental rights to D.N. The Grant Superior Court’s finding that there is a reasonable probability that the conditions resulting in D.N.’s placement outside the home will not be remedied is supported by sufficient evidence.

Richard D. Carter v. State of Indiana (mem. dec.)
51A01-1602-CR-272
Criminal. Affirms the denial of Richard Carter’s motion to correct erroneous sentence. Finds that Carter’s crimes of violence are exempt from the sentencing limitation in Indiana Code 35-50-1-2 and that Carter’s claims of ineffective direct appeal counsel should have been brought under Indiana’s post-conviction rules.

Kent R. Blair, Sr. v. State of Indiana (mem. dec.)
02A03-1604-CR-833
Criminal. Affirms the revocation of Kent R. Blair’s probation. Finds that the evidence is sufficient and the Allen Superior Court acted within its discretion in executing Blair’s suspended sentence.

Community Park Investments, Inc. v. Jamie Guess and Barry Lewis, Jr. (mem. dec.)
46A05-1601-PL-224
Civil plenary. Affirms LaPorte Superior Court’s judgment in favor of Jamie Guess and Barry Lewis Jr. Finds no error in trial court conclusion that a mobile home sales contract entered into by the parties was unenforceable and in failing to enforce a promissory note executed by Guess and Barry.

In the Term. of the Parent-Child Relationship of: S.P. and A.P. (Minor Children), and C.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)
02A04-1604-JT-752
Juvenile termination of parental rights. Affirms the termination of C.P.’s parental rights to S.P. and A.P. Finds that the evidence is sufficient to support the termination order.

Timothy Weakley v. State of Indiana (mem. dec.)
49A02-1604-CR-739
Criminal. Affirms Timothy Weakley’s 58-year aggregate sentence following his conviction for four counts of Level 3 felony armed robbery and his adjudication as a habitual offender. Finds that Weakley has not met his burden to demonstrate that his sentence is inappropriate.

Richard A. Brown and Janet Brown v. City of Valparaiso, Indiana (mem. dec.)
64A03-1601-PL-138
Civil plenary. Reverses Porter Superior Court’s grant of the motion to dismiss filed by the city of Valparaiso. Finds that the trial court erred when it granted the motion because the subject matter and remedies requested under the first and second complaints were different. Remands for further proceedings.

Antonio L. Ware v. State of Indiana (mem. dec.)
68A01-1604-CR-754
Criminal. Affirms Antonio Ware’s conviction for theft as a Level 5 felony. Finds that the Randolph Circuit Court did not err by granting Ware’s request to represent himself at trial and that the court did not abuse its discretion by ordering Ware to make restitution to his victim’s insurer.



 

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