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Opinions June 29, 2018

June 29, 2018

Indiana Court of Appeals
Terrance E. Chmiel v. US Bank National Association

75A05-1708-PL-1979
Civil plenary. Reverses grant of summary judgment in favor of US Bank National Association on Terrance E. Chmiel’s quiet title proceeding. Finds the trial court erred and holds that Chmiel’s quiet title action was not barred by the statute of limitations. Finds genuine issues of material fact remain regarding whether: the doctrine of laches bars his claim; the 2005 deed was valid; and U.S. Bank was a bona fide mortgagee. Finds the trial court erred in granting summary judgment. Remands for proceedings.

Alonzo R. Weekly v. State of Indiana
20A03-1712-CR-2922
Criminal. Affirms Alonzo R. Weekly’s conviction of Level 6 felony operating a vehicle while intoxicated and his habitual vehicular substance offender enhancement. Finds the trial court did not abuse its discretion in admitting evidence. Finds his five-year sentence is not inappropriate. Remands with instructions to enter the HVSO finding as an enhancement of the felony sentence rather than an additional concurrent sentence.
 
D.A.Y. Investments LLC, Andy's Truck & Equipment Co., Gold Coast Rand Development Co., Surplus Management Systems LLC, Gary II LLC and Andrew Young v. Lake County, Indiana, et al.
45A03-1709-PL-2122
Civil plenary.  Affirms dismissal of the D.A.Y. Investments parties’ suit seeking specific performance of a settlement agreement regarding taxes due on properties owned by the plaintiffs, finding the trial court lacked subject matter jurisdiction over a case arising under tax laws.

Tony Lemorris Clemons v. State of Indiana
79A02-1712-CR-2931
Criminal. Affirms conviction of Tony Lemorris Clemons’ seven-year sentence for conviction of Level 5 felony domestic battery and Level 6 felony invasion of privacy. The trial court did not abuse its discretion in ordering Clemons’ sentences to be served consecutively.

Robert Williams Jr. v. State of Indiana (mem. dec.)
18A02-1712-CR-2950
Criminal. Affirms Robert Williams Jr.’s conviction and 12-year sentence for conviction of Level 3 felony aggravated battery. The trial court did not abuse its discretion or use an improper aggravator when it imposed an above-advisory sentence.

Quincy Hawkins v. State of Indiana (mem. dec.)
49A04-1710-CR-2490
Criminal. Affirms Quincy Hawkins’ conviction of Level 4 felony possession of a narcotic drug, finding the evidence was sufficient.

Trent Earl Burton v. State of Indiana (mem. dec.)
40A05-1712-CR-2961
Criminal. Affirms conviction of Class B misdemeanor criminal mischief. A victim’s testimony was not incredibly dubious.

Taylor Fagan v. State of Indiana (mem. dec.)
49A04-1710-CR-2424
Criminal. Affirms in part and reverses in part Taylor Fagan’s convictions of Level 6 felony battery against a public safety officer, Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. Because the jury could have relied on evidence of one act to support all three convictions, Fagan was subjected to double jeopardy. Vacates convictions for resisting law enforcement and disorderly conduct and remands for the trial court to enter a conviction of and sentence for only Level 6 felony battery against a public safety official.

Clyde D. Lewis, III v. State of Indiana (mem. dec.)
31A04-1709-CR-2055
Criminal. Affirms 4½-year sentence and conviction of Level 5 felony battery on a person less than 14 years old. Finds the evidence was sufficient and the sentence is not inappropriate.

Thomas E. Booker v. State of Indiana (mem. dec.)
49A02-1710-PC-2379
Post conviction. Affirms the denial of Thomas E. Booker’s petition for post-conviction relief. The post-conviction court did not clearly err in determining Booker was not denied effective assistance of trial or appellate counsel.

Terrance D. Mitchell v. State of Indiana (mem. dec.)
48A02-1712-CR-2980
Criminal. Affirms revocation of Terrance D. Mitchell’s probation. The evidence was sufficient to support the revocation and the trial court did not abuse its discretion when it ordered Mitchell to serve two years of the six-year suspended sentence.

Rose Mary Boling v. State of Indiana (mem. dec.)
18A-CR-652
Criminal. Affirms revocation of Rose Mary Boling’s probation, finding the trial court did not abuse its discretion in ordering her to serve the balance of her sentence.

Corey Roberts v. State of Indiana (mem. dec.)
17A-CR-3015
Criminal. Affirms Corey Roberts’ nine-year sentence for conviction of Level 4 felony arson, finding his sentence is not inappropriate in light of the nature of his offense and his character.

Adam Hayden and Above the Cut Restoration, LLC v. Genevieve Carmany (mem. dec.)
48A02-1712-PL-2863
Civil plenary. Affirms the Madison Circuit Court’s order denying a motion to set aside default judgment in favor of Genevieve Carmany, finding the trial court did not abuse its discretion.

Mark A. Roesler v. Amy S. (Roesler) Riesmeyer (mem. dec.)
73A01-1708-DR-1926
Domestic relation. Dismisses Mark A. Roesler’s appeal of the trial court’s denial of his verified
petition for educational and other expenses. Remands for the trial court to calculate an award of appellate attorney fees for Amy S. (Roesler) Riesmeyer.

Kristina M. Finn v. Patricia Murphy and Kelly Mitchell (mem. dec.)
18A-MI-184
Miscellaneous. Affirms trial court order denying Kristina M. Finn’s petition for grandparental visitation. The trial court did not clearly err in concluding mother’s decision to deny Finn visitation was in the child’s best interests. Judge Elaine Brown dissents with opinion.

Robert L. Moore v. State of Indiana (mem. dec.)
15A01-1711-CR-2767
Criminal. Affirms in part and reverses in part Robert L. Moore’s aggregate 28-year sentence for conviction of Level 4 felony conspiracy to commit dealing in a narcotic drug weighing at least one gram, Level 5 felony dealing in a narcotic drug, and adjudication as a habitual offender. Finds the evidence insufficient to support the Level 4 felony conviction. Remands to the trial court to enter judgment for conspiracy to commit dealing in a narcotic drug as a Level 5 felony, and to impose a new sentence accordingly.

Joseph Esparza v. Koren Lopez (mem. dec.)
48A05-1705-PL-1041
Civil plenary. Affirms the trial court’s entry of default judgment in favor of Koren Lopez in her breach of contract claim. The trial court did not abuse its discretion when it denied Esparza’s motion to set aside the default judgment.

Dominic A. Lowe v. Brian Smith, the Warden of the Putnamville Correctional Facility, et al. (mem. dec.)
67A01-1709-MI-2129
Miscellaneous. Reverses the dismissal of Dominic A. Lowe’s pro se complaint alleging violations of the United States Constitution, the Indiana Constitution, and the Religious Land Use and Institutionalized Persons Act. Lowe’s complaint alleged the correctional facility’s policy restricting the place and manner in which Muslim inmates may pray violates his constitutional right to the free exercise of his religion. This is sufficient at the pleading stage to state a claim for relief or to suggest his religious exercise was substantially burdened for the purpose of the Religious Land Use and Institutionalized Persons Act. Remands for proceedings.

Cameron Schmidt v. State of Indiana (mem. dec.)
18A-CR-119
Criminal. Affirms revocation of Cameron Schmidt’s probation, finding no abuse of discretion.

 

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