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Opinions June 27, 2018

June 27, 2018

The following opinion was posted after IL deadline Monday:
Indiana Supreme Court
J.R. v. State of Indiana

18S-JV-285
Juvenile. Affirms J.R.’s delinquency adjudication for dangerous possession of a firearm and carrying a handgun without a license, had he been committed as an adult. Finds the pat-down search of J.R. did not violate his rights. Finds that double jeopardy principles preclude J.R.’s dual adjudications. Remands to the juvenile court to vacate delinquency adjudication for carrying a handgun without a license.

Wednesday’s opinions
In the Matter of Douglas L. Krasnoff

49S00-1603-DI-148
Attorney discipline. Suspends Donald Krasnoff for at least two years without automatic reinstatement for practicing law while suspended and intentionally misleading a client regarding his ability to work on her case. Justice Steven David dissents from the sanction, believing more severe discipline is warranted.

Indiana Court of Appeals
Curtis Pearman v. Stewart Title Guaranty Company (mem. dec.)

73A05-1708-PL-2040
Civil plenary. Affirms the Shelby Circuit Court’s grant of summary judgment to Stewart Title Guaranty Company against Curtis Pearman’s claim for extra-contractual damages from a title insurance policy issued by STGC to Pearman. Finds the trial court did not err in granting summary judgment to STGC on Pearman’s claim of negligent misrepresentation or insurer bad faith. The trial court did not err in declining Pearman’s request for attorney fees.

Joseph Harold Driver, Jr. v. State of Indiana (mem. dec.)
36A04-1712-CR-2995
Criminal. Affirms the Jackson Circuit Court’s revocation of Joseph Harold Driver Jr.’s probation. Finds the trial court did not abuse its discretion in ordering Driver to serve the remainder of his previously suspended five-year sentence.

Zacheriah Allen Tillison v. State of Indiana (mem. dec.)
18A-CR-107
Criminal. Affirms Zacheriah Tillison’s 2.5-year sentence for Level 6 felony resisting law enforcement causing bodily injury. Finds the sentence is not inappropriate in light of the nature of the offense or of Tillison’s character.

David W. Gilliam v. State of Indiana (mem. dec.)
18A-CR-310
Criminal. Affirms David Gilliam’s aggregate three-year sentence for conviction of three counts of Level 5 felonies dealing in cocaine and one count of Level 6 felony maintaining a common nuisance. Finds the sentence is not inappropriate in light of the nature of Gilliam’s offenses or character.

M.D. v. M.B. (mem. dec.)
19A01-1712-AD-2831
Adoption. Affirms the Dubois Circuit Court’s order terminating M.D’s parental rights of his daughter to her stepfather, M.B. Finds the trial court did not err in determining adoption was in the best interests of the child.

Ryan T. McMullen v. State of Indiana (mem. dec.)
27A02-1710-PC-2555
Post conviction. Affirms the denial of Ryan McMullen’s petition for post-conviction relief. Finds McMullen did not receive ineffective assistance from the trial or appellate counsels.  

John A. Johnson v. State of Indiana (mem. dec.)
52A02-1711-CR-2617
Criminal. Affirms John Johnson’s aggregate 38-year sentence for conviction of Class B felony aggravated battery, Class D felony criminal recklessness and of being a habitual offender. The Miami Circuit Court finds there was sufficient evidence to support Johnson’s criminal recklessness conviction. Finds the conviction did not violate Indiana prohibition against double jeopardy. Finds the trial court did not commit fundamental error when it failed to sua sponte instruct the jury on self-defense.

 

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