Opinions Jan. 26, 2017

January 26, 2017

Indiana Supreme Court
Demajio Ellis v. State of Indiana
Post-conviction. Reverses the denial of Demajio Ellis’ post-conviction relief. Finds that Ellis’ guilty plea to four Class A felony offenses was invalid because at the time he entered the plea, he also professed his innocence.

Indiana Court of Appeals
U.S. Bank, National Association, Successor to National City Bank v. Jewell Investments, Inc.
Mortgage foreclosure. Reverses the Marion Superior Court’s denial of U.S. Bank, National Association’s motion for summary judgment. Finds that U.S. Bank carried its burden to show that there is no genuine issue of material fact as to whether it is a bona fide purchaser and that it is entitled to judgment as a matter of law. Remands with instructions to enter summary judgment in favor of U.S. Bank.

Mobile Home Management Indiana, LLC v. Avon Village MHP, LLC and State of Indiana Bureau of Motor Vehicles and Treasurer of Hendricks County Indiana (mem. dec.)
Miscellaneous. Affirms the Hendricks Superior Court’s judgments in awarding Mobile Home Management Indiana, LLC a total of $5,322 against Avon Village MPH, LLC in relation to a dispute over 20 mobile homes. Finds that the trial court did not err in its judgment awards.

In the Matter of the Termination of the Parent-Child Relationship of J.W. (Minor Child), and B.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the Delaware Circuit Court’s order involuntarily terminating B.W.’s parental relationship with her minor daughter, J.W. Finds that the record supports the trial court’s conclusion that there is a reasonable probability that the conditions that resulted in J.W.’s removal and continued placement outside of B.W.’s care will not be remedied.

Antwain Starks v. State of Indiana (mem. dec.)
Criminal. Affirms the Ripley Superior Court’s order that Antwain Starks serve the remaining 730 days of his suspended 910-day sentence following the revocation of his probation. Finds that the trial court did not abuse its discretion.

Damon L. Taylor v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Damon L. Taylor’s probation and the execution of his suspended sentence. Finds that Taylor has not demonstrated that the Allen Superior Court abused its discretion in revoking his probation or in ordering execution of the entirety of Taylor’s suspended sentence.

Wallace Henderson v. State of Indiana (mem. dec.)
Criminal. Affirms Wallace Henderson’s conviction of Level 5 felony knowing failure to reside at the address registered with the sex offender registry. Finds that the evidence is sufficient to support Henderson’s conviction. Also finds that the Marion Superior Court did not abuse its discretion in the admission of a witness verification form.