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In the Matter of Kirmille D. Lewis
18S-DI-102
Disciplinary action. Disbars Indianapolis attorney Kirmille Lewis. Finds Lewis committed attorney misconduct by, among other things, converting client funds, neglecting clients’ cases and engaging in a pattern of dishonesty.
Indiana Court of Appeals
Dwayne A. Springfield v. State of Indiana
18A-CR-1317
Criminal. Reverses Dwayne Springfield’s conviction and accompanying sentence for unlawful possession of a firearm by a serious violent felon, a Level 5 felony. Finds the conviction violated Indiana’s double jeopardy principles because the same evidence was used to convict Springfield for having a gun when he possessed cocaine and fentanyl as well as to convict him of unlawful possession of a firearm by a serious violent felon. Affirms other felony and misdemeanor convictions.
Dion C. Cannon v. State of Indiana
34A04-1708-CR-1784
Criminal. Affirms the Howard Superior Court’s imposition of consecutive sentences following Dion Cannon’s guilty plea for Level 5 felony dealing a narcotic drug in one cause and convictions of multiple drug counts in another cause. Finds the trial court did not abuse its discretion in the imposition of consecutive sentences.
Robert Youell and Best One Giant Tire, Inc. v. The Cincinnati Insurance Company a/s/o Greg Dotson
18A-CT-1466
Civil tort. Reverses the denial of Robert Youell and Best One Giant Tire, Inc.’s motion for judgment on the pleadings against Cincinnati Insurance Company. Finds the commercial leasing agreement between Dotson and Youell and Best One Giant Tire unambiguously provided that Dotson, the landlord will insure the building in the event of a fire, not the tenants. Remands with instructions for the Marion Superior Court to grant the tenants’ motion for judgment on the pleadings.
Roger Salinas v. State of Indiana (mem. dec.)
18A-CR-1331
Criminal. Affirms Roger Salinas’ convictions of four counts of rape, one as a Level 1 felony, one as a Level 3 felony and two as Class B felonies; two counts of sexual misconduct with a minor as Class B felonies; five counts of criminal confinement, one as a Level 3 felony, one as a Level 5 felony, one as a Level 6 felony and two as Class D felonies, and; battery as a Class A misdemeanor and his aggregate 52-year sentence. Finds the Dubois Circuit Court did not abuse its discretion or violate Salinas’ right to confront witnesses when it prohibited him from questioning either S.M. or Sharon Livingston regarding S.M.’s prior sexual history. Also finds that two of Salinas’ convictions violate the prohibition against double jeopardy. Finally, finds Salinas’ sentence is not inappropriate in light of the nature of the offenses or his character. Remands with instructions to vacate Salinas’ convictions for sexual misconduct with a minor under counts 3 and 4.
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