Opinions April 13, 2018

April 13, 2018

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:

Elizabeth Roumbos v. Samuel G. Vazanellis & Thiros and Stracci, PC
Civil tort. Reverses the grant of summary judgment to Samuel G. Vazanellis and Thiros and Stracci, P.C. on Elizabeth Roumbos’ legal malpractice claim. Finds Vazanellis and the law firm failed to negate the causation element of Roumbos’ malpractice claim by failing to establish as a matter of law that Roumbos would not have succeeded in her premises liability claim. Remands.

Friday opinions

Indiana Court of Appeals

Ezekiel O. Olayinka v. State of Indiana (mem. dec.)
Criminal. Affirms and reverses in part Ezekiel Olayinka’s convictions of domestic battery and battery in the presence of a child, both as Level 6 felonies, and domestic battery and battery resulting in bodily injury, both as Class A misdemeanors. Finds there is sufficient evidence to support Olayinka’s conviction for Level 6 felony domestic battery. Also finds Olayinka’s four convictions violate double jeopardy protections. Remands with instructions to vacate the Class A misdemeanors and the Level 6 felony battery in the presence of a child conviction.

Matthew Dante Bennett v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Matthew Dante Bennett’s petition for post-conviction relief. Finds the post-conviction court did not err in rejecting Bennett’s claim of ineffective assistance of trial or appellate counsel.

Brycin E. Brooks v. State of Indiana (mem. dec.)
Criminal. Affirms Brycin E. Brooks’ 28-year sentence for his conviction of Level 2 felony kidnapping. Finds Brooks’ sentence is not inappropriate.