Opinions Sept. 25, 2018

Keywords Opinions

Indiana Supreme Court
State of Indiana v. Norfolk Southern Railway Company

Infraction. Finds Indiana’s blocked-crossing statute which prevents trains from blocking intersections for more than 10 minutes is pre-empted by the Interstate Commerce Commission Termination Act. Holds that Indiana’s statute, Ind. Code section 8-6-7.5-1, violates the ICCTA’s prohibition on managing or governing rail transportation by causing Norfolk Southern to change several key operations just to try to comply.       

Indiana Court of Appeals
Michael D. Goodwin v. David L. DeBoer

Civil tort. Affirms the Lake Superior Court’s grant of summary judgment to David L. DeBoer in response to a legal malpractice suit brought against him by Michael Goodwin. Finds the designated evidence shows that no genuine issue of material fact exists on the question of proximate causation, which underlies each of Goodwin’s claims against DeBoer.

Carlos Owens v. State of Indiana (mem. dec.)
Criminal. Affirms the LaPorte Superior Court’s denial of Carlos Owens’ motion to dismiss his charge of Class A misdemeanor public indecency. Finds the trial court did not abuse its discretion in denying Owens’ motion to dismiss.

Kim Townsend v. State of Indiana (mem. dec.)
Criminal. Affirms Kim Townsend’s conviction of Level 6 felony resisting law enforcement and Level 6 felony operating a vehicle as a habitual traffic violator. Finds the trial court did not err in excluding a video of her arrest by police officers after a car chase.

Diego A. Pacheco-Manzo v. State of Indiana (mem. dec.)
Criminal. Affirms Diego Pacheco-Manzo’s aggregate 21-month sentence for conviction of two counts of Class A misdemeanor invasion of privacy. Finds his convictions do not violate the continuing-crime rule. Also finds his sentence is not inappropriately harsh.

Paresh Shah and Shobhana Shah v. Wells Fargo Bank, N.A. (mem. dec.)
Mortgage foreclosure. Affirms the Lake Superior Court’s grant of summary judgment in favor of TCF National Bank against Paresh and Shobhana Shah on their counter-claims for breach-of-contract. Finds the trial court did not err in granting the bank’s summary judgment motion and denying the Shahs’.

Jalen Humphries v. State of Indiana (mem. dec.)
Criminal. Affirms Jalen Humphries’ conviction of Level 5 felony child solicitation. Finds there is sufficient evidence to support the conviction.

Gary Hamiter v. State of Indiana (mem. dec.)
Criminal. Affirms Gary Hamiter’s conviction of Class B misdemeanor disorderly conduct. Finds the Marion Superior Court did not commit fundamental error when it failed to instruct the jury that it was not to deliberate or reach any conclusions prior to the close of evidence before it was dismissed for a lunch break.

Theodore Andrew Carney v. State of Indiana (mem. dec.)
Criminal. Affirms Theodore Carney’s conviction of arson for starting a fire in a dorm room at a residential correctional facility. Finds the trial court did not err in allowing certain testimony into evidence.

Searcy T. Boyd Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Searcy Boyd Jr.’s 25-year sentence for conviction of Level 2 felony voluntary manslaughter. Finds the Lake Superior Court did not abuse its discretion by failing to find certain mitigating factors. Finds Boyd’s sentence is not inappropriate in light of the nature of his offense and his character.

Antwoin Richmond v. Keith Butts (mem. dec.)
Miscellaneous. Affirms the Henry Circuit Court’s denial of Antwoin Richmond’s petition for habeas petition on grounds of res judicata. Finds the trial court did not err in its denial.

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