Opinions April 26, 2017

Keywords Opinions

Indiana Court of Appeals
State of Indiana, Indiana Department of Correction, and Indiana State Employees' Appeals Commission v. Debra Mills, et al.
Civil plenary. Affirms and reverses in part the Marion Superior Court’s order on petition for judicial review granting judgment in favor of Debra Mills, Thomas Bird, and other DOC teachers. Finds the Indiana State Employees’ Appeals Commission and an administrative law judge properly determined that the state calculated the employees’ retention scores and adhered to statutory layoff rights in accordance with Indiana Code 4-15-2-32(a)-(b). However, also finds the state failed to comply with the State Personnel Act’s requirement that laid-off employees with the highest retention scores be afforded the first opportunity for re-employment. Remands for further agency proceedings. Judge Terry Crone dissents and concurs in part with separate opinion.

Karen B. Salser v. Gregg A. Salser
Domestic relation. Reverses the amended decree of dissolution regarding Karen B. Salser and Gregg A. Salser’s marriage. Finds the Allen Superior Court’s decision to assign potential income to Karen Salser, its findings regarding bonus income and the underpinning of its post-secondary education expenses were clearly erroneous. Remands for recalculation of child support and post-secondary educational expenses. Judge Cale Bradford dissents with separate opinion.

Michael E. Deferbrache v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Michael E. Deferbrache’s petition for post-conviction relief. Finds Deferbrache was not denied his constitutional right to effective assistance of trial or appellate counsel. Also finds he waived or otherwise failed to establish clear error on his freestanding claims.

Jesse R. Miller v. State of Indiana (mem. dec.)
Criminal. Affirms Jesse Miller’s sentence to two years, with one year suspended to probation and one year served in community corrections on home detention, for his conviction of Level 6 felony pointing a firearm. Finds the Allen Superior Court did not err by finding Miller’s juvenile history to be an aggravator. Also finds Miller’s sentence is not inappropriate.

Danielle E. Woolley v. State of Indiana (mem. dec.)
Criminal. Affirms Danielle Woolley’s 64-year sentence for four counts of Level 3 felony neglect of a dependent. Finds Woolley’s crimes did not constitute a single episode of criminal conduct. Also finds the Vermillion Superior Court did not abuse its discretion by ordering her to serve an aggregate sentence of 64 years.

Bedrock Hardscapes and Landscaping, LLC, and Robert Lester v. Shawn Lessor and Amy Lair (mem. dec.)
Civil tort. Affirms the Johnson Superior Court’s denial of Bedrock Hardscapes and Landscaping LLC and Robert Lester’s motion to transfer venue to Marion County. Finds the trial court did not abuse its discretion in denying the motion.

Dustin S. Campbell v. State of Indiana (mem. dec.)
Criminal. Affirms Dustin Campbell’s conviction for Class A misdemeanor possession of marijuana. Finds that the evidence is sufficient to support Campbell’s conviction.

In Re the Involuntary Commitment of: L.T. v. Columbus Regional Hospital Mental Health Center (mem. dec.)
Mental health. Affirms the Bartholomew Superior Court’s finding that L.T. was mentally ill and gravely disabled and its order that she be involuntarily committed. Finds the Columbus Regional Hospital Mental Health Center established that L.T. was gravely disabled.

Cathy L. Sizemore-Roessler v. State of Indiana (mem. dec.)
Criminal. Affirms Cathy L. Sizemore-Roessler’s conviction for Level 2 felony conspiracy to commit dealing in methamphetamine and her 12-year sentence. Finds the evidence was more than sufficient to support Sizemore-Roessler’s conviction and that she has fallen short of establishing her sentence is inappropriate.

Stephanie Harris v. State of Indiana (mem. dec.)
Criminal. Affirms Stephanie Harris’ conviction of burglary as a Level 5 felony. Finds the Marion Superior Court did not err in admitting certain testimony at trial and that the question of whether Harris should have faced a civil eviction rather than criminal charges is not a question for appellate review.

Todd A. Barr v. State of Indiana (mem. dec.)
Criminal. Affirms Todd Barr’s six-year commitment to the Department of Correction. Finds Barr’s commitment is not inappropriate.

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