Opinions May 24, 2017

May 24, 2017

Indiana Court of Appeals
Clara Briggs v. Kolb Roellgen & Kirchoff, LLP (mem. dec.)
Civil collection. Affirms and reverses in part the Knox Superior Court’s entry of summary judgment in favor of Kolb Roellgen & Kirchoff LLP in its action against Clara Briggs for the recovery of unpaid legal fees, collection costs and prejudgment interest. Finds the trial court did not abuse its discretion in denying Briggs’ motion for change of venue or motion for summary judgment, or in granting the firm’s motion for summary judgment to the extent the firm is entitled to unpaid legal fees in the amount of $36,188.41. Also finds the firm is not entitled to a portion of the collection costs awarded by the trial court as a matter of law and there is a genuine issue of material fact as to the amount of prejudgment interest to be awarded. Remands with instructions.

Mark Weakly v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Mark Weakly’s petition seeking the restoration of his right to possess a firearm in accordance with Indiana Code 35-47-4-7. Finds the Marion Superior Court properly determined I.C. 35-47-4-7 does not apply to Weakly as he was convicted of battery, not domestic battery. Also finds the trial court correctly determined it could not grant Weakley the requested relief.

State of Indiana v. Brian Gibson (mem. dec.)
Criminal. Reverses the Clark Circuit Court’s order suppressing the chemical breath test result of Brian Gibson. Finds the order was erroneous. Remands for further proceedings.

Josephina Augila on behalf of Pedro Aguila, et al. v. Anonymous Physicians 1 & 2, et al. (mem. dec.)
Civil tort. Affirms the Lake Superior Court’s determination Anonymous Hospital presented sufficient grounds to set aside the entry of default judgment. Finds the trial court did not abuse its discretion.

Cedric L. Edwards v. State of Indiana (mem. dec.)
Criminal. Affirms Cedric L. Edwards’ two-year executed sentence for his multiple violations of the conditions of his participation in a drug court program. Finds Edwards has failed to prove his sentence is inappropriate in light of the nature of his offense and his character.

Guardianship of Sharon Izzo v. State of Indiana (mem. dec.)
Guardianship. Affirms the Monroe Circuit Court’s determination that Sharon Izzo, a 79-year-old who is subject to a guardianship, should move permanently to the nursing home where she had been temporarily placed for physical rehabilitation. Finds there is ample evidence to support the court’s decision.

Timothy J. Miles v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy J. Miles’ conviction of Class A misdemeanor public indecency and his sentence to 365 days in the Tippecanoe County Jail. Finds the Tippecanoe Superior Court did not deprive Miles of a fair trial and any error in the court’s decision to admit 911 recordings at trial was harmless. Also finds the evidence is sufficient to support Miles’ conviction and his trial counsel was not ineffective. Finally, finds Miles’ sentence is not inappropriate in light of the nature of the offense and the character of the offender.

Mitchell Carroll v. State of Indiana (mem. dec.)
Criminal. Affirms Mitchell Carroll’s convictions of numerous felonies and misdemeanors, including battery by means of a deadly weapon and invasion of privacy. Finds no Batson v. Kentucky, 476 U.S. 79 (1986) violation regarding prospective juror R.J. Also finds Carroll has waived his claim regarding the alleged peremptory strike of a second African-American prospective juror.

William S. Matherly v. State of Indiana (mem. dec.)
Criminal. Affirms the Vigo Superior Court’s order for William S. Matherly to serve the remainder of his sentence in the Department of Correction following revocation of his probation. Finds Matherly has not demonstrated the trial court abused its discretion in ordering execution of the remainder of his sentence in the DOC.

Wilhelm Construction, Inc. and J.C. Riberger Construction Corporation v. Secura Insurance, a Mutual Company and Davenport Masoney, Inc. (mem. dec.)
Civil tort. Affirms the Marion Superior Court’s finding Wilhelm Construction Inc. and Ripberger Construction Corp. were not entitled to indemnification by Davenport Masonry Inc. or Davenport’s insurance carrier, Secura Insurance, a Mutual Company, after Mark Rhone was injured on a construction job because the indemnification provision at issue violated Indiana’s Anti-Indemnity Statute and, as such, was void. Finds the trial court properly ruled that indemnification provision at issue violated the statute.

Shawn Eldridge v. State of Indiana (mem. dec.)
Criminal. Reverses two of Shawn Eldridge’s three convictions of Class A misdemeanor resisting law enforcement. Finds the two counts should be vacated as they violate the continuous crime doctrine. Remands with instructions to vacate those convictions.