Opinions Jan. 19, 2022

Keywords Opinions

Court of Appeals of Indiana
Patrick Smith v. State of Indiana (mem. dec.)
Criminal. Reverses the sex offender conditions of Patrick Smith’s probation, including the requirement that he register as a sex offender following his conviction of Class D felony battery of a child. Finds that, given the limited record on appeal, the Parke Circuit Court abused its discretion by imposing sex offender probation conditions as part of Smith’s sentence. Remands with instructions to vacate the sex offender conditions.

Nickey Watkins v. State of Indiana (mem. dec.)
Criminal. Affirms Nickey Watkins’ conviction for Level 6 felony auto theft. Finds the state’s evidence was sufficient to support Watkins’ conviction.

Thomas Eugene Loveless v. State of Indiana (mem. dec.)
Criminal. Affirms Thomas Eugene Loveless’ sentence to 54 years in the Indiana Department of Correction, with two years suspended to supervised probation, for his conviction of felony murder. Finds Loveless’ sentence is not inappropriate.

Michael D. Foster v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Foster’s conviction of Level 2 felony voluntary manslaughter and his sentence to 30 years in the Department of Correction. Finds the Allen Superior Court did not abuse its discretion when it declined to give Foster’s proposed instructions on self-defense and involuntary manslaughter. Also finds Foster has failed to demonstrate that his sentence is inappropriate given the nature of his offense and his character.

Nora Creason v. Allen Wilson d/b/a Competition Auto Body (mem. dec.)
Small claims. Affirms the award of $1,635 in damages to Nora Creason on her claims of breach of contract and theft against Allen Wilson d/b/a Competition Auto Body. Finds the Howard Superior Court did not err.

Brian D. Gibbs v. MG IRA, LLC (mem. dec.)
Civil plenary. Affirms and reverses in part the grant of summary judgment in favor of MG IRA LLC “disposing of all liability issues” between MG and Brian Gibbs. Finds Gibbs’ counterclaim concerning unjust enrichment was not properly before the Cass Superior Court on summary judgment, so the trial court’s entry of summary judgment on Gibbs’ counterclaim was error. Remands for further proceedings.

Ivory Williams and Henry Strong v. Craig Strong and the Supervised Estate of Ernestine Williams, Deceased (mem. dec.)
Estate, supervised. Affirms the denial of Ivory Williams and Henry Strong’s petition to reopen their mother Ernestine Williams’ estate proceedings, in which their brother, Craig Strong, had served as administrator of the estate. Finds Williams and Henry had standing to file their petition to reopen the estate. Also finds Williams and Henry failed to provide proper cause for the Lake Circuit Court to revisit the question of dependency, and failed to demonstrate that the trial court committed reversible error in denying their petition.

Norma L. Mora Maciel v. New Hanna, LLC (mem. dec.)
Petition for tax deed. Affirms the denial of Normal Lisset Mora Maciel’s emergency motion to set aside order granting petition for issuance of tax deed in favor of New Hanna LLC. Finds the tax sale notices sent by New Hanna to the property owner pursuant to Indiana Code §§ 6-1.1-25-4.5 and -4.6 substantially complied with Indiana law. Also finds Maciel was provided with adequate notice of the tax sale of the real estate, which satisfied the due process clause.

Zeggory Thompkins v. State of Indiana (mem. dec.)
Criminal. Affirms Zeggory Thompkins’ conviction of Class A misdemeanor intimidation. Finds the evidence was sufficient to support Thompkins’ conviction.

Jimmy Lee Nave, Jr. v. Frank Vanihel (mem. dec.)
Miscellaneous. Affirms the denial of Jimmy Lee Nave Jr.’s petition for writ of habeas corpus. Finds Nave waived his argument that the use of uppercase letters in the caption of the charging information renders his confinement in the Wabash Correctional Facility unlawful fails. Waiver notwithstanding, also finds Nave’s argument lacks merit.

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