Opinions Aug. 22, 2018

Keywords Opinions
  • Print
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
This audio file is brought to you by
0:00
0:00
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

The following Indiana Supreme Court opinion was posted after IL deadline on Tuesday:
In the Matter of Michael Jeffries

18S-DI-94
Disciplinary. Suspends Michael Jeffries from the practice of law for a period of not less than three years, without automatic reinstatement, effective Aug. 21. Finds Jeffries committed attorney misconduct by neglecting clients’ cases, maintaining two websites with misleading information, mismanaging his trust account, making false statements to the Indiana Supreme Court Disciplinary Commission and failing to cooperate in the disciplinary process.   

Wednesday's opinions
Indiana Supreme Court
In the Matter of Glenn E. Davis, Jr.

18S-DI-95
Disciplinary. Suspends Glenn E. Davis, Jr. from the practice of law in Indiana for at least one year without automatic reinstatement. Finds Davis committed attorney misconduct by neglecting a client’s case and failing to cooperate with the disciplinary process.

Indiana Court of Appeals
Dickie D. Bridges v. State of Indiana

18A-CR-373
Criminal. Affirms the denial of Dickie Bridges’ motion to dismiss a charge of Level 5 felony failure to register as a sex offender and denial of his request to remove him from the sex offender registry. Finds the tolling of his registration period did not violate the ex post facto clause of the Indiana Constitution.

Crystal M. Powers v. Bryan A. Blunck
18A-DR-105
Domestic relation. Reverses the denial of Crystal Powers’ motion to continue a custody-modification hearing. Finds Powers provided good cause for continuing the hearing. Also finds default is generally disfavored in custody disputes.

Automotive Finance Corporation dba AFC Automotive Finance Corporation dba AFC v. Thornton Motor Company, Inc., Alan William Thornton, and Leslie Diane Thornton (mem. dec.)
18A-CC-571
Civil collection. Reverses the grant of Leslie Thornton’s motion to dismiss. Finds Automotive Finance Corporation was not given a reasonable opportunity to present Trial Rule 56 materials if the Marion Superior Court treated Leslie’s motion as one for summary judgment. Remands for further proceedings.

Robert Eric Posey v. State of Indiana (mem. dec.)
84A05-1711-PC-2808
Post-conviction. Affirms the denial of Robert Posey’s petition for post-conviction relief. Finds the post-conviction court did not err in finding Posey did not receive ineffective assistance of trial counsel.

Jermaine Drake v. State of Indiana (mem. dec.)
18A-PC-79
Post-conviction. Affirms the denial of Jermaine Drake’s petition for post-conviction relief. Finds Drake has failed to prove he was prejudiced by ineffective assistance of counsel.
 
Paul D. Boas and Doris E. Boas v. Hayden Methodist Church, Jon Stoner, Erin Stoner, and River Valley Financial Bank (mem. dec.)
18A-PL-608
Civil plenary. Affirms and reverses in part the Jennings Superior Court’s determination that Paul and Doris Boas did not prove the elements of adverse possession. Finds the trial court erred by concluding the Boases failed to prove their claim of adverse possession with regard to the portion of the disputed area claimed by Jon and Erin Stoner. Remands with instructions for the trial court to enter judgment in favor of the Boases on the portion of the disputed land claimed by the Stoners.

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}