Opinions July 21, 2017

July 21, 2017

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
In the Matter of: Douglas L. Krasnoff
Disciplinary. Suspends Douglas Krasnoff from the practice of law in Indiana for at least 180 days without automatic reinstatement. Finds Krasnoff committed attorney misconduct by practicing law while suspended, charging an unreasonable fee, improperly modifying a fee agreement and failing to respond to the Indiana Supreme Court Disciplinary Commission’s demand for information.

Friday opinions
Indiana Court of Appeals
Paul Gresk, Trustee for the Bankruptcy Estate of Derek VanWinkle and Stacey VanWinkle on behalf of M.V. and A.V. their minor children v. Cortney Demetris, M.D., et al.
Miscellaneous. Reverses the Marion Superior Court’s grant of summary judgment on an anti-SLAPP issue in favor of Dr. Cortney Demetris. Finds the anti-SLAPP statute does not apply to reports of child abuse or neglect made to the Department of Child Services. Also finds Demetris’ report to DCS was not made “in furtherance of” her constitutional rights, as required by the anti-SLAPP statute, but rather because of her statutory duty to report child abuse or neglect. Remands the case to the trial court for consideration of the issues that were stayed.

Jonathan Kent Roy v. State of Indiana
Criminal. Reverses the denial of Jonathan Kent Roy’s petition for return of property. Finds the Vanderburgh Circuit Court’s decision was clearly erroneous because Roy established by a preponderance of evidence that his mother was the lawful and rightful owner of the handgun. Remands for further proceedings.

Christopher L. McAllister v. State of Indiana (mem. dec.)
Criminal. Dismisses Christopher L. McAllister’s appeal of his sentence to one year in jail and two years of a suspended license for his conviction of driving while intoxicated in a manner endangering a person as a Class A misdemeanor. Finds McAllister has waived his right to appeal his sentence.

Anthony M. Premore v. State of Indiana (mem. dec.)
Criminal. Affirms the Elkhart Superior Court’s imposition of a $10,000 suspended fine against Anthony M. Premore. Finds that because the fine has been suspended and an indigency hearing will not be held until after Premore has completed his 12 years of incarceration, there is no issue ripe for appellate review. Judge Patricia Riley concurs in result with separate opinion.

Brian C. Banks v. State of Indiana (mem. dec.)
Criminal. Affirms Brian C. Banks’ convictions of Class B felony sexual misconduct with a minor, Level 4 felony sexual misconduct with a minor, Class C felony sexual misconduct with a minor and Level 5 felony sexual misconduct with a minor and his sentence to an aggregate of 23 years. Finds the state presented sufficient evidence Banks committed four counts of sexual misconduct with a minor. Also finds Banks’ sentence is not inappropriate.

Durwood Lee Elliott, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Durwood Elliott’s two-year sentence for Class A misdemeanor invasion of privacy, Class B misdemeanor disorderly conduct and Class A misdemeanor intimidation. Finds Elliott’s sentence is not inappropriate.

P.W. v. State of Indiana (mem. dec.)
Juvenile. Affirms the Pulaski Circuit Court’s finding that P.W. committed a delinquent act by aiding in a battery as a Class B misdemeanor if committed by an adult. Finds the evidence is sufficient to show P.W. aided A.P. in the battery of E.K.