Opinions Jan. 20, 2022

Keywords Opinions

Court of Appeals of Indiana
Holli Sullivan, Secretary of State, in her Official Capacity v. National Election Defense Coalition
Civil plenary. Affirms the ruling that the Indiana secretary of state failed to demonstrate that records withheld from the National Election Defense Coalition were excepted from disclosure under the Indiana Access to Public Records Act, as well as the award of attorney fees to NEDC. Finds the Marion Superior Court did not err in ordering the secretary to disclose documents for which it had not proven an exception applied. Also finds NEDC is entitled to reasonable trial and appellate attorney fees for substantially prevailing in this litigation. Remands for the trial court to award a reasonable appellate attorney fee.

Shenell Dasha Moore v. State of Indiana
Criminal. Affirms and reverses in part Shenell Dasha Moore’s convictions of two counts of Level 6 felony criminal recklessness. Finds the evidence that Shenell willingly participated in the violence was sufficient to defeat her claim of self-defense. Also finds that under Powell v. State, the two criminal recklessness convictions constitute double jeopardy, and one of them must be reversed. Remands with instructions to the Lake Superior Court to vacate one of the convictions and resentence Shenell accordingly.

Lake County, Indiana, et al. v. John Klisurich, et al.
Civil tort. Affirms and reverses in part the denial of Lawrence Obregon, Lake County and the Lake County Sheriff’s Department’s motion to dismiss the amended complaint filed by John, Kathy, Brandin, Blake and Kari Klisurich. Finds LCSD and Lake County had notice of the institution of the action and were not prejudiced. Also finds the plaintiffs did not meet their burden of demonstrating that the failure to name LCSD and Lake County in the original complaint was a mistake, so the amended complaint, filed after the expiration of the statute of limitations, does not relate back and is thus untimely. Finally, finds the Porter Superior Court determined that the constitutional claims set out in the amended complaint relate back to the original complaint. Remands with instructions for the trial court to dismiss LCSD and Lake County from the litigation.

Carlos Rainer v. State of Indiana (mem. dec.)
Criminal. Affirms Carlos Rainer’s sentence to an aggregate of six years in the Department of Correction for his convictions of two counts of Level 4 felony dealing in a narcotic drug. Finds Rainer has failed to show that his sentence is inappropriate.

W.R. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
Agency action. Affirms the Department of Workforce Development Review Board’s ruling upholding an administrative law judge’s dismissal of W.R.’s administrative appeal following the denial of his application for pandemic unemployment assistance. Finds W.R. has waived his right to appellate review by failing to provide a cogent argument for reversal. Also finds any due process argument is foreclosed by caselaw.

Reginald Delorence Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Reginald Smith’s conviction of Level 1 felony attempted murder. Finds a reasonable trier of fact could find beyond a reasonable doubt that Smith was the shooter.

Chad E. Smith v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Chad E. Smith’s petition for post-conviction relief. Finds Smith did not receive ineffective assistance. Also finds Smith’s claim regarding his guilty plea is barred by res judicata.

In the Matter of: A.W. (Child in Need of Services), and D.W. (Mother) v. Indiana Department of Child Services, and Kids’ Voice of Indiana (mem. dec.)
Juvenile CHINS. Affirms the adjudication of mother D.W.’s daughter, A.W., as a child in need of services. Finds the adjudication is supported by sufficient evidence.

In Re: The Termination of the Parent-Child Relationship of A.A. and A.L. (Minor Children); Ar.A. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father Ar.A.’s parental relationship with his two children. Finds Ar.A.’s due process rights were not violated.

Barry S. Ring v. Bharatkumar Patel (mem. dec.)
Civil plenary. Affirms the grant of partial summary judgment in favor of Bharatkumar Patel on the complaint Barry Ring filed against Patel for breach of contract. Finds the designated evidence supports the conclusion that the parties never arrived at a final agreement as to what the various and material terms of a purchase agreement should be or were.

Lamar Thomas Showers v. State of Indiana (mem. dec.)
Criminal. Affirms Lamar Thomas Showers’ conviction of murder. Finds the evidence was sufficient to support Showers’ conviction.

Kristopher Darrah Long v. State of Indiana (mem. dec.)
Criminal. Affirms Kristopher D. Long’s sentence to 912 days in the Pulaski County Jail for his conviction of Level 6 felony possession of methamphetamine. Finds Long has failed to establish that the Pulaski Superior Court abused its discretion with regard to its treatment of his proposed mitigators. Also finds Long’s sentence is not inappropriate. Judge L. Mark Bailey concurs in result without separate opinion.

Heath Ashley v. State of Indiana (mem. dec.)
Criminal. Affirms Heath Ashley’s sentence to an aggregate of six years in the Department of Correction for his conviction of Level 6 felony possession of methamphetamine and his adjudication as a habitual offender. Finds Ashley’s sentence is not inappropriate.

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