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Opinions Aug. 10, 2018

August 10, 2018

Indiana Supreme Court
In the Matter of the Honorable Ryan D. Johanningsmeier, Judge of the Knox Superior Court 2

18S-JD-351
Judicial discipline. Reprimands Knox Superior Court 2 Judge Ryan D. Johanningsmeier.  Under a Statement of Circumstances and Conditional Agreement for Discipline, finds Johanningsmeier engaged in judicial misconduct by his actions in, and failure to recuse from, a close friend’s traffic-infraction case. Finds Johanningsmeier violated six provisions of the Code of Judicial Conduct.

Indiana Court of Appeals
Sherry Vernell Webb v. State of Indiana (mem. dec.)

18A-CR-507
Criminal. Affirms Sherry Vernell Webb’s conviction of Level 5 felony intimidation and Class B misdemeanors criminal recklessness and possession of marijuana. Finds the Tippecanoe Superior Court did not abuse its discretion in not admitting certain evidence.

D.F. v. State of Indiana (mem. dec.)
18A-JV-610
Juvenile. Affirms the Henry Circuit Court’s dispositional decree after the adjudication of D.F. as a delinquent child for conviction of Class A misdemeanor battery if committed by an adult. Finds the juvenile court did not abuse its discretion when it awarded wardship of D.F. to the Department of Correction.

Charles A. Pickering v. State of Indiana (mem. dec.)
71A03-1711-CR-2785
Criminal. Affirms Charles A. Pickering’s aggregate 18½-year sentence for conviction of Level 3 felony rape and Level 6 felony battery. Finds Pickering’s maximum sentence is not inappropriate in light of the nature of the offenses and his character.

Indiana Behavioral Health and Human Services Licensing Board v. Jenna Thomas (mem. dec.)
79A02-1712-PL-2904
Civil plenary. Reverses the Tippecanoe Circuit Court’s grant of judicial review to Jenna Thomas. Finds that despite failing to issue the order within 90 days of the hearing, the Indiana Behavioral Health and Human Services Licensing Board’s disciplinary order against Thomas is valid. Finds the trial court erred when it vacated the board’s final order.

Jeffery Thomas Maxwell v. Shirley Sue Maxwell (mem. dec.)
30A01-1712-DR-2768
Domestic relation. Affirms in part, reverses in part, remands dissolution of marriage. Remands for the Hancock Circuit Court to enter either an equal division of the marital property between Jeffrey Maxwell and Shirley Maxwell, or an explanation of the reason for a deviation. Reverses and remands for an order requiring Jeffrey to pay 50 percent of his disposable retired pay of military pension. Affirms the trial court’s order that he contribute to the cost of a van to transport handicapped son D.M. Remands for the trial court to clarify the details regarding such purchase. Affirms the trial court’s decisions regarding the Eli Lilly pension valuation. Affirms the trial court’s award of rehabilitative maintenance, but remands for the trial court to reduce the rehabilitative maintenance award to $500 per month for 36 months.

 

 

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