Opinions May 17, 2017

May 17, 2017

Indiana Supreme Court
In the Matter of: Joseph M. Johnson III
Disciplinary. Suspends Joseph M. Johnson III from the practice of law for at least one year without automatic reinstatement. Finds Johnson committed attorney misconduct by violating Professional Conduct Rules 8.4(b), 8.4(d) and 8.4(e) in connection with his pattern of harassment of an ex-girlfriend.

Indiana Court of Appeals
Peter T. Dvorak v. State of Indiana
Criminal. Reverses the denial of Peter Dvorak’s motion to dismiss charges of Class C felony offer or sale of an unregistered security and Class C felony acting as an unregistered agent. Finds Dvorak did not engage in any positive act calculated to conceal the fact he was not registered and the security was not registered with the Secretary of State, so the statute of limitations had run. Remands.

Timothy J. Miles v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy J. Miles’ sentence to two years, with 1 ½ years executed followed by direct placement to community corrections for six months, for his conviction of battery as a Level 6 felony. Finds the Tippecanoe Superior Court did not abuse its discretion in sentencing Miles and his sentence is not inappropriate given the nature of the offense and his character.

Ladd Warner, A Minor, By His Next Friend and Natural Parent, Richard Warner, and Richard Warner, Individually, and David Helms, et al. v. United Farm Family Mutual Insurance Company (mem. dec.)
Civil collection. Affirms the grant of summary judgment to United Farm Family Mutual Insurance Co. and denial of Ladd and Richard Warner’s counter-motion for summary judgment. Finds the Fountain Circuit Court did not err in its determination there is no insurance coverage available to David, Leah, Hayden and Holden Helms.

Jefferick Majors v. State of Indiana (mem. dec.)
Criminal. Affirms Jefferick Majors’ Level 1 felony convictions for attempted murder. Finds the Marion Superior Court properly admitted evidence of Majors’ prior threat against Ryan Byrd. Also finds there was sufficient evidence to support Majors’ conviction for the attempted murder of Chelsey Gosman.