Opinions Dec. 12, 2017

December 12, 2017

Indiana Supreme Court
Town of Ellettsville, Indiana Plan Commission and Richland Convenience Store Partners, LLC v. Joseph V. DeSpirito

Civil plenary. Stays consideration of the appeal. Remands for the Monroe Circuit Court to decide whether to expressly determine there is no just reason for delay and to direct entry of judgment under Trial Rules 54(B) or 56(C).

Indiana Court of Appeals
In the Matter of the Civil Commitment of J.B. v. Community Hospital North

Mental health. Affirms the Marion Superior Court’s order committing J.B. to the custody of Community Hospital North for care and treatment. Finds clear and convincing evidence support the trial court’s Order of Regular Commitment.

Joseph Spaulding v. Joseph Cook (mem. dec.)
Civil tort. Affirms the denial of Joseph Spaulding’s motion to correct error, which he filed after the Allen Superior Court awarded him no damages in his case against Joseph Cook. Finds the trial court did not abuse its discretion.

Leroy Washington v. State of Indiana (mem. dec.)
Criminal. Affirms Leroy Washington’s conviction for dealing in marijuana as a Level 6 felony. Finds the state presented sufficient evidence to support Washington’s conviction.

Dominique L. Gooden v. State of Indiana (mem. dec.)
Criminal. Affirms Dominique L. Gooden’s sentence to four years executed after her placement in a Drug Court Diversion Program for her conviction of level 5 felony corrupt business influence was terminated. Finds Gooden’s has failed to prove her four-year sentence is inappropriate in light of the nature of her offense and her character.

Mirjana Miletic v. Michael J. O'Brien (mem. dec.)
Civil tort. Affirms the judgment on the evidence in favor of Michael J. O’Brien on Mirjana Miletic’s claim for legal malpractice. Finds the Lake Superior Court did not err in granting judgment to O’Brien based on Miletic’s failure to meet her burden of establishing a right to relief.

In the Matter of the Termination of the Parent-Child Relationship of J.B., and K.B., the Minor Children: I.B. (Mother) and R.B. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of I.B. and R.B.’s parental rights to their children. Finds there is sufficient evidence to support the juvenile court’s conclusion that continuation of the parent-child relationship poses a threat to the children’s well-being.

Anthony Nelson v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony Nelson’s conviction of invasion of privacy as a Class A misdemeanor. Finds sufficient evidence supports Nelson’s conviction.

Daron Gary v. State of Indiana (mem. dec.)
Criminal. Affirms Daron Gary’s conviction for Level 3 felony aggravated battery and Level 6 felony strangulation. Finds Gary’s conviction was supported by the evidence.

Argonaut Midwest Insurance Company v. DLC Services, Inc., DLC Landscape & Snow Removal, Inc., Gateway Arthur, Inc., Emmes Realty Services, LLC, Jane Jones and Gary Jones, et al. (mem. dec.)
Civil plenary. Reverses the denial of Argonaut Midwest Insurance Company’s motion for summary judgment on the issue of coverage of DLC Services, Inc. Finds Argonaut was entitled to summary judgment on that question. Remands to the Lake Superior Court with instructions to enter summary judgment in favor of Argonaut.

Franklin Dent v. State of Indiana (mem. dec.)
Criminal. Affirms Franklin Dent’s convictions of felony murder and altering the scene of death of a person as a Level 6 felony and his adjudication as a habitual offender. Finds there was sufficient evidence beyond a reasonable doubt to sustain Dent’s convictions.

Antwoin Richmond v. State of Indiana (mem. dec.)
Miscellaneous. Affirms the entry of summary judgment in favor of the state on Antwoin Richmond’s petition for writ of habeas corpus. Finds Richmond’s claim for relief is barred by the doctrine of res judicata.

Paul Weedmayer v. State of Indiana (mem. dec.)
Criminal. Affirms Paul Weedmayer’s conviction for Level 6 felony sexual battery. Finds the Allen Superior Court did not abuse its discretion in instructing the jury.