Opinions Dec. 23, 2020

The following Supreme Court opinion was posted after IL deadline on Tuesday.
Brian J. Allen v. State of Indiana
20S-XP-506
Expungement. Reverses the Dearborn Superior Court’s order denying Brian Allen’s petition for expungement and remands with instructions for the court to reconsider its decision consistent with the Supreme Court’s opinion. Finds Allen was eligible for an expungement and that the trial court didn’t indicate why it denied Allen’s petition for expungement. 

Indiana Court of Appeals
Tyre Bradbury v. State of Indiana
20A-PC-620
Post conviction. Majority reverses the St. Joseph Superior Court’s judgment as to Tyre Bradbury and remands for further proceedings. Finds the performance of Bradbury’s attorneys was deficient with respect to the stipulation and omission of lesser included offense instructions and that but for this deficient performance, there was a reasonable probability that the result of the proceeding would have been different. Finds the post-conviction court erred by denying Bradbury’s petition for post-conviction relief. Judge Nancy Vaidik dissents in a separate opinion. 

Robert Arthur Cutshall II v. State of Indiana
20A-CR-838
Criminal. Affirms Robert Cutshall II’s conviction of Level 6 felony possession of child pornography. Finds the evidence presented in Huntington Circuit Court was sufficient to support the conviction and that he has waived his argument that the statute is unconstitutionally vague. Waiver notwithstanding, finds that Cutshall has failed to meet his burden of showing that the statute is unconstitutionally vague.

Harry C. Hobbs v. State of Indiana

19A-CR-02819
Criminal. Affirms the Marion Superior Court’s order that Harry Hobbs’ new sentencing order run consecutively to two of his other sentences in separate cases. Finds that the trial court had authority to order his sentence to run consecutive to his sentences in the other causes pursuant to the amended version of Section 35-50-1-2(a) in effect when he was sentenced and that his sentence did not violate ex post facto prohibitions.

In the Matter of M.H. and K.M. (Minor Children), Children in Need of Services; Q.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
20A-JC-1201
Juvenile CHINS. Affirms the adjudication of Q.H.’s two sons as children in need of services. Finds the Indiana Department of Child Services presented sufficient evidence in Marion Superior Court to support the CHINS adjudication.

Louis K. Rose v. State of Indiana (mem. dec.)
20A-CR-323
Criminal. Affirms Louis Rose’s conviction of Class A misdemeanor resisting law enforcement and the imposition of public defender and probation fees. Finds that Rose has failed to meet his burden of showing prosecutorial misconduct that amounted to fundamental error. Also concludes that the trial court did not abuse its discretion when it imposed public defender and probation fees. Remands to the Marion Superior Court with instructions that the court provide Rose with a written copy of the terms of his probation.

Scott E. Miller v. State of Indiana (mem. dec.)
19A-CR-2870
Criminal. Affirms the dismissal of Scott Miller’s motion to correct erroneous sentence for drug convictions in LaGrange Superior Court. Finds reversal is not warranted.

Tracy Haney Mills v. Scott Haney (mem. dec.)
20A-DR-1340
Domestic relation. Affirms the denial of Tracy Mills’ motion for an ordering requiring her ex-husband Scott Haney to contribute to the college expenses of their daughter. Finds the Wabash Superior Court did not abuse its discretion in finding that daughter repudiated her relationship with Father.

Cornelius Crawford v. State of Indiana (mem. dec.)
20A-CR-1324
Criminal. Affirms Cornelius Crawford’s sentence following his guilty plea to Level 5 felony battery resulting in bodily injury to a person less than14 years of age and Level 5 felony battery by bodily injury to a public safety official. Finds that remand to the Marion Superior Court is necessary to correct the sentencing order and that Crawford has failed to show that his aggregate five-year sentence is inappropriate.

Natalie Stoops v. Justin T. Fowler (mem. dec.)
20A-DC-1009
Domestic relations. Affirms the Marion Superior Court’s order modifying custody of Natalie Stoops’ and Justin Fowler’s two young children in favor of Fowler. Finds the trial court did not abuse its discretion.

John Fenicle v. Indiana School for the Deaf, et al. (mem. dec.)
20A-CT-940
Civil tort. Affirms the Marion Superior Court’s judgment against John Fenicle in an action arising from his termination as a teacher at the Indiana School for the Deaf. Finds that because the State Employees’ Appeals Commission correctly concluded Fenicle’s termination was not unlawful, his claims for payment necessarily fail.

Samantha A. Walter v. Dennis R. Walter (mem. dec.)
20A-DC-1520
Domestic relations. Affirms the Franklin Circuit Court’s decree of dissolution of Samantha Walter’s marriage to Dennis R. Walter and its award of legal and physical custody to Father. Also affirms its determination that the $104,000 marital debt was a loan, not a gift, from Father’s parents. Finds Mother has not carried her burden on appeal to show that the trial court’s judgment is clearly erroneous.

Ernest E. Dixon v. State of Indiana (mem. dec.)
20A-CR-1214
Criminal. Affirms the denial of Ernest Dixon’s motion for relief from judgment. Finds the Shelby Superior Court’s orders revoking his probation were not void based upon a lack of authority. Also finds that Dixon has not developed a cogent argument or any other alleged grounds for relief under Rule 60(B).

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