Opinions Aug. 29, 2018

Keywords Opinions

Indiana Supreme Court
In the Matter of Trista A. Hudson

Attorney discipline. Finds Trista Hudson committed attorney misconduct by failing to disclose exculpatory evidence and by prosecuting a charge she knew was not supported by probable cause. Orders Hudson be suspended for at least 18 months without automatic reinstatement.

Indiana Court of Appeals
Maurice Johnson v. Blue Chip Casino, LLC, d/b/a Blue Chip Casino Hotel Spa

Small claims. Affirms the LaPorte Superior Court’s grant of summary judgement in favor of Blue Chip Casino Hotel Spa. Finds the small-claims court did not err in determining that Maurice Johnson failed to prove that Blue Chip had actual or constructive knowledge that bedbugs were present in Johnson’s room during his stay.

Jimmy Nave, Jr. v. State of Indiana (mem. dec.)
Post-conviction. Affirms the Madison Circuit Court’s denial of Jimmy Nave’s petition for post-conviction relief. Finds the post-conviction court did not err in rejecting his claims of ineffective assistance of trial counsel and appellate counsel.

Dean Penry v. State of Indiana (mem. dec.)
Criminal. Affirms Dean Penry’s conviction of Class A misdemeanor intimidation. Finds there is sufficient evidence to support the conviction.

Amber Krieg v. State of Indiana (mem. dec.)
Criminal. Reverses the Vanderburgh Superior Court’s decision to revoke Amber Krieg’s placement in the Vanderburgh County Community Corrections work-release program. Finds the state failed to prove that Krieg violated condition 14 of the work-release program based on insufficient evidence.

Dutch A. Choate v. State of Indiana (mem. dec.)
Criminal. Affirms in part, reverses in part, remands for resentencing. Affirms Dutch Choate’s conviction of Level 4 felony possession of methamphetamine. Finds the Morgan Superior Court erred when it sentenced Choate to an enhanced term for a Level 4 felony without an explanation. Reverses Choate’s 10-year sentence and remands for resentencing.

Zachary Allen Fix v. State of Indiana (mem. dec.)
Criminal. Affirms the Madison Circuit Court’s revocation of Zachary Allen Fix’s probation for admitting he violated the terms of his community corrections placement. Finds the trial court did not abuse its discretion in ordering him to serve the balance of his previously suspended sentence.

Kyle L. Balser v. State of Indiana (mem. dec.)
Criminal. Affirms Kyle L. Balser’s 35-year sentence for conviction of Level 2 felony conspiracy to commit dealing in methamphetamine and admitting to being a habitual offender. Finds Balser’s sentence is not inappropriate in light of the nature of the offense and his character.

In the Matter of the Termination of the Parent-Child Relationship of C.H. (Minor Child); B.H. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the Bartholomew Circuit Court’s termination of parental rights of B.H. to his minor child, C.H. Finds there is sufficient evidence to support the termination of parental rights.

Timothy Davis v. State of Indiana (mem. dec.)
Criminal. Affirms the Noble Circuit Court’s revocation of Timothy Davis’ probation. Finds Davis validly waived his right to counsel for his probation revocation hearing.

Mark Barnes v. State of Indiana (mem. dec.)
Criminal. Affirms the Marion Superior Court’s denial of Mark Barnes’ motion to suppress on interlocutory appeal. Finds the trial court did not inappropriately shift the burden of proof to Barnes to prove lack of consent. Finds that the officers entered Barnes’ home pursuant to a valid arrest warrant.

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