Opinions June 14, 2017

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Indiana Supreme Court
In the Matter of: Everett E. Powell, II
Disciplinary. Disbars Everett Powell. Finds Powell committed attorney misconduct by falsifying evidence and knowingly making false statements to the Supreme Court and the Disciplinary Commission in an attempt to be reinstated to the practice of law.

Indiana Court of Appeals
Craig Totton v. Daniel P. Bukofchan, D.C., and Franklin County Chiropractic Clinic
Civil tort. Reverses the entry of summary judgment in favor of Dr. Daniel P. Bukofchan. Finds chiropractors are not qualified to render opinions on the causation of injuries in complex cases. Also finds the opinion of the all-chiropractor medical review panel in this case can only be used as evidence that Bukofchan met the applicable standard of care.

Christopher A. Toth v. Julia L. Noblitt (mem. dec.)
Domestic relation. Affirms the Elkhart Superior Court’s order requiring Christopher A. Toth to pay certain medical expenses of his children, as well as his former wife’s attorney fees. Reverses the award of expenses related to A.T.’s college. Finds the evidence supports the findings that Toth should pay the medical expenses. Also finds the trial court did not abuse its discretion in ordering Toth to pay attorney fees. Remands for a determination of college expenses and whether Toth should pay for a portion of those expenses.

Ice Heard v. State of Indiana (mem. dec.)
Criminal. Affirms Ice Heard’s conviction for Class B felony aggravated battery. Finds the Lake Superior Court did not commit reversible error in admitting evidence during Heard’s trial.

Julie A. Jabaay, et al. v. BMW Constructors, Inc., et al. (mem. dec.)
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of BMW Constructors Inc. and Northern Indiana Public Service Company. Finds because Troy Jabaay’s negligence in inspecting the scaffolding was the proximate cause of his death, the trial court did not err as a matter of law when it granted summary judgment in favor of NIPSCO and BMW.

Eduardo Deltoro v. State of Indiana (mem. dec.)
Criminal. Affirms Eduardo Deltoro’s convictions for Level 3 felony possession of methamphetamine, Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor carrying a handgun without a license. Finds the evidence is sufficient to support Deltoro’s convictions. Also finds the Elkhart Superior Court did not commit fundamental error by failing to declare a mistrial after the state asked a police officer a question that led to testimony about Deltoro’s criminal history.

Julianne Johnson v. Portfolio Recovery Associates, LLC. (mem. dec.)
Civil collection. Affirms the Hendricks Superior Court’s grant of summary judgment in favor of Portfolio Recovery Associates LLC. Finds the trial court properly granted summary judgment.

Raymond James Taylor, II v. State of Indiana (mem. dec.)
Criminal. Affirms Raymond James Taylor II’s conviction for Level 3 felony aggravated battery. Finds the evidence is sufficient to support his conviction. Also finds his sentence to 30 years does not violate the Proportionality Clause of the Indiana Constitution.

Danny Burton v. State of Indiana (mem. dec.)
Criminal. Affirms Danny Burton’s conviction for Level 6 felony false reporting. Finds there was sufficient evidence to support Burton’s conviction.

State of Indiana v. Matthew Stidham (mem. dec.)
Post conviction. Remands the post-conviction court’s grant of Matthew Stidham’s petition for post-conviction relief. Finds the post-conviction court did not enter “an appropriate order with respect to the conviction or sentence” or comply with Section 6 of Indiana Post-Conviction Rule 1. Judge May concurs in result without opinion.


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