Opinions March 5, 2018

March 5, 2018

Indiana Court of Appeals

Q. D.-A., Inc. v. Indiana Department of Workforce Development
Agency. Reverses a Liability Administrative Law Judge’s determination that a claimant was an employee of A.D.-A., Inc. rather than an independent contractor, making Q.D.-A. liable to the state for unemployment insurance taxes. Finds the LALJ’s determination that claimant was not free from the company’s control and direction was contrary to the substantial evidence. Also finds the LALJ’s determination that the claimant performed services that are within with company’s usual course of business was contrary to the substantial evidence. Finally, finds the claimant was customarily engaged in an independently established trade, occupation, profession or business of transporting commodities. Judge Melissa May dissents with separate opinion.

Hakeen Hogan v. State of Indiana
Criminal. Reverses the denial of Hakeen Hogan’s motion “to amend his Abstract of Judgment” to indicate the St. Joseph Superior Court would consider a motion for modification of sentence if Hogan completed a therapeutic community. Finds the court’s statements at sentencing clearly indicated it intended Hogan to be eligible for the Purposeful Incarceration program, and the original Abstract of Judgment was incapable of effectuating that intent. Remands for entry of a modified Abstract of Judgment.

In Re: The Petition for Expungement of Conviction Records of: B.S. v. State of Indiana
Expungement petition. Reverses the partial denial of B.S.’s petition for expungement. Finds B.S.’s post-conviction relief records should have been expunged under Indiana Code section 35-38-9-1. Remands for the Allen Superior Court to issue a new order.

Barry Lee Cook v. State of Indiana (mem. dec.)
Criminal. Affirms Barry Lee Cook’s convictions of dealing in a narcotic drug and unlawful possession of a firearm by a serious violent felon, both as Level 4 felonies. Finds the Grant Superior Court did not abuse its discretion when it allowed a confidential informant’s deposition to be admitted as evidence at trial under the “forfeiture by wrongdoing” hearsay exception.

Kenneth J. Hobensack v. State of Indiana (mem. dec.)
Affirms Kenneth J. Hobensack’s convictions for three counts of Class A felony child molesting and one count of Class B felony sexual misconduct with a minor and his sentence to an aggregate of 65 years. Finds the evidence was sufficient to support Hobensack’s convictions. Also finds Hobensack has waived his claim that the Boone Superior Court abuse its discretion in admitting or excluding evidence. Finally, finds Hobensack’s sentence is not inappropriate.

Demetrius Thomas v. State of Indiana (mem. dec.)
Criminal. Affirms Demetrius Thomas’ conviction for level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Thomas closely matched the description of a robbery suspect, so police had reasonable suspicion to stop him.