Opinions June 17, 2019

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Indiana Supreme Court
In the Matter of Hilary Bowe Ricks

18S-DI-574
Attorney discipline. Suspends Hilary Bowe Ricks for at least two years without automatic reinstatement, effectively immediately. Finds Ricks violated Indiana Rules of Professional Conduct 1.3, 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.16(d), 8.1(b) and 8.4(d) by neglecting clients’ cases and failing to cooperate with the disciplinary process. Justices Steven David and Geoffrey Slaughter concur and dissent in part without separate opinion, believing Ricks should be disbarred.  

Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer, Deceased v. PACCAR, Inc. d/b/a Peterbilt Motors Co.
18S-CT-451
Civil tort. Reverses the Morgan Circuit Court’s grant of summary judgment to PACCAR, Inc. Finds PACCAR’s designated evidence fails to establish that it had no duty, as a matter of law, to include certain blind-spot safety features on its glider kit. Also finds PACCAR made neither of two showings to be relieved of a duty to include the features and is therefore not entitled to summary judgment. Remands for proceedings.

Indiana Court of Appeals
Nathaniel Hale v. State of Indiana

18A-CR-2920
Criminal. Affirms Nathaniel Hale’s aggregate 66-year sentence for his conviction of five counts of Level 1 felony child molesting. Finds the Hamilton Superior Court did not abuse its discretion when it declined to adopt Hale’s proffered mitigating factor of military service. Finds Hale’s sentence is not inappropriate in light of the nature of the offense and his character.

Dimitric A. Freeman v. State of Indiana (mem. dec.)
19A-CR-21
Criminal. Affirms Dimitric Freeman’s concurrent 25-year sentence for conviction of Level 2 felony dealing in methamphetamine and Level 3 felony dealing in cocaine or narcotic drug. Finds the Allen Superior Court did not abuse its discretion in sentencing Freeman. Also finds the sentence is not inappropriate in light go the nature of the offense and his character.

Steven E. Ingalls, Jr. v. State of Indiana (mem. dec.)
18A-CR-1751
Criminal. Affirms Steven Ingalls, Jr.’s conviction of Level 1 felony conspiracy to commit murder, Level 1 felony neglect of a dependent resulting in death, and Level 3 felony neglect of a dependent. Finds Morgan Circuit Court did not abuse its discretion by denying Ingalls’ motion for mistrial and that there was sufficient evidence that Ingalls entered an agreement with Brayson Price’s mother to murder Brayson. Remands with instructions to correct the abstract of judgment.

Jagger M. Williams v. State of Indiana (mem. dec.)
18A-CR-2220
Criminal. Affirms Jagger Williams’ murder conviction. Finds there is sufficient evidence to support the conviction.

Jeffrey Henderson v. State of Indiana (mem. dec.)
18A-CR-3115
Criminal. Affirms Jeffrey Henderson’s 88-year sentence for his conviction of 17 counts of Level 4 felony burglary. Finds his sentence is not inappropriate in light of the nature of the offenses and his character.

Americhina, LLC v. Marion County Auditor and Marion County Treasurer (mem. dec.)
18A-MI-1272
Miscellaneous. Affirms the Marion Circuit Court’s denial of Americhina, LLC’s motion to correct error. Finds Americhina conflated the concepts of jurisdiction and statutory authority and waived its argument by raising it for the first time in its motion to supplement its motion to correct error.

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