Opinions Nov. 29, 2016

November 29, 2016

Indiana Supreme Court
Mary Osborne v. State of Indiana
Criminal. Reverses trial court’s denial of Mary Osborne’s motion to suppress. Finds that although the police officer who stopped Osborne was prompted by a genuine desire to serve and protect, under the circumstances, those actions constituted an improper intrusion upon Osborne’s constitutional privileges against unreasonable search and seizure.

Eduardo Cruz-Salazar v. State of Indiana
Criminal. Affirms Eduardo Cruz-Salazar’s conviction for Class A misdemeanor possession of cocaine. Finds that the warrantless search that led to the discovery of the drugs was permissible. Companion decision to Mary Osborne v. State of Indiana, 29S02-1608-CR-433.

Indiana Court of Appeals
Jennifer M. Wright v. State of Indiana (mem. dec.)
Criminal. Affirms the Howard Superior Court’s judgment finding Jennifer Wright guilty but mentally ill for aggravated battery as a Level 3 felony. Finds that the state presented sufficient evidence beyond a reasonable doubt to support Wright’s conviction.

Buford G. Lee v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Buford G. Lee’s petition for post-conviction relief in which he had challenged his conviction for dealing a narcotic drug within 1,000 feet of a family housing complex, a Class A felony. Finds that because Lee never presented the issue of a Sixth Amendment violation to the post-conviction court for consideration, it cannot be said that the court erred in failing to address the matter in its factual findings and legal conclusions. Also finds that Lee did not receive ineffective assistance of counsel. Finally, finds that the post-conviction court properly exercised its discretion in declining to continue the hearing to allow for Lee to subpoena additional witnesses.

Jeffery Allen Bell v. Leslie Ann Bell (mem. dec.)
Domestic relations. Affirms the Wayne Superior Court’s denial of Jeffery Bell’s Indiana Trial Rule 60(B) petition to set aside a provision of the dissolution of marriage decree concerning Jeffery and Leslie Bell. Finds sua sponte that Jeffery Bell did not timely seek relief from the maintenance obligation incorporated into the decree.

In The Matter of J.H., A Child Alleged To Be Delinquent v. State of Indiana (mem. dec.)
Juvenile. Affirms J.H.’s leaving home without permission adjudication as well as aspects of the juvenile court’s disposition. Finds the evidence is sufficient to support that adjudication and the LaPorte Circuit Court did not abuse its discretion in ordering that J.H. be placed in a residential facility.