Opinions Dec. 7, 2017

December 7, 2017

The following opinion was posted after IL deadline Wednesday.
Indiana Supreme Court
In the Matter of: Richard S. Mossler

Disciplinary. Suspends Richard S. Mossler from the practice of law in Indiana for at least six months without automatic reinstatement. Finds Mossler engaged in attorney misconduct arising from his professional relationship with an out-of-state corporation.

Indiana Court of Appeals
In re The Estate of Mason R. Foertsch, Debra S. Foertsch v. Marcus Foertsch, David Foertsch, and Brian Foertsch

Estate, supervised. Affirms the trial court’s finding that Mason R. Foertsch’s specific bequest of funds in an investment account were not adeemed by extinction when he moved the funds to a new brokerage firm that had not been amended in his last will and testament.

Terrius Anderson v. State of Indiana (mem. dec.)
Criminal. Affirms Terrius Anderson’s conviction of criminal recklessness but reverses his conviction of conducting a performance harmful to minors. Remands to the trial court to vacate that conviction that was not supported by sufficient evidence of the age of the witness to Anderson’s performance.

In the Matter of the Termination of the Parent-Child Relationship of M.L.A.C. (Child) and M.A.C. (Child) and L.C. (Mother); L.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of mother L.C.’s parental rights to children M.L.A.C. and M.A.C., ruling the trial court’s findings supported its conclusions the conditions under which Children were removed from her care would not be remedied and termination was in Children’s best interests.

Kelsie N. Shewmaker v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation, finding the revocation is supported by Kelsie Shewmaker’s use of illegal substances and commission of theft.

B.J.'s Auto Wholesale, Inc., and John L. Medeiros a/k/a John Medeiros v. Automotive Finance Corporation d/b/a AFC Automotive Finance Corporation d/b/a AFC (mem. dec.)
Civil collections. Affirms grant of summary judgment to Automotive Finance Corp., finding the trial court did not err in ruling in favor of AFC, did not err in granting AFC’s motion to strike, and afforded B.J.’s Auto sufficient time to retain counsel.

Steven L. Small v. State of Indiana (mem. dec.)
Criminal. Affirms Steven Small’s conviction of Level 5 felony dealing in methamphetamine, rejecting his argument that the trial court abused its discretion when it refused to give his proffered jury instructions on accomplice liability, and finding that the substance of his proffered instructions was covered by the court’s instruction.

Christopher Davis v. State of Indiana (mem. dec.)
Criminal. Reverses Christopher Davis’ conviction of Level 5 felony possession of cocaine, finding the trial court abused its discretion in denying his motion to continue. The trial court abused its discretion when it denied his motion to continue after the state added a fourth charge the day before his trial on three other counts. The new charge was based on facts occurring at a different location, different day and under different circumstances, and Davis’ motions to continue and to bifurcate the proceedings were denied. A jury convicted Davis on Count 4, but found him not guilty of the three prior counts. Remands for a new trial on Count 4.

Andrew C. Robinson v. State of Indiana (mem. dec.)
Criminal. Affirms Andrew C. Robinson’s convictions of Level 2 felony robbery and Level 6 felony battery, finding that he waived his right to appeal pursuant to a condition in his plea agreement.