Opinions June 25, 2025

The following opinions were posted after The Indiana Lawyer’s deadline Tuesday:
7^th Circuit Court of Appeals
United States of America v. Evelio Santana
23-2695
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Matthew Brookman. Vacates Evelio Santana’s sentence as an armed career criminal to the mandatory minimum 15 years in prison followed by three years of supervised release. Finds that having increased Santana’s possible sentence from a 10-year maximum to a 15-year minimum, the plain error affected his substantial rights. Also finds this error unacceptably undermined the fairness and integrity of the proceedings, because a reasonable jury might find a reasonable doubt about whether two of his three prior violent felonies were committed on different occasions. Remands for resentencing. Attorney for appellant: Denise Turner. Attorneys for appellee: Jayson Mcgrath, Colin Clark.

Indiana Supreme Court
In the Matter of the Civil Commitment of J.W. v. Community Fairbanks Behavioral Health
25S-MH-153
Mental health. Affirms Marion Superior Court Judge David Certo’s temporary commitment order for J.W. Finds the Indiana Court of Appeals reweighed evidence to find Community Fairbanks Behavioral Health’s showing was insufficient and to reverse the trial court’s judgment. Also finds Community’s plan to discharge J.W. to outpatient treatment was not inconsistent with the trial court’s judgment. Finally, finds the trial court’s empathetic statements did not conflate the statutory requirements. Attorneys for appellant: Joel Schumm, Talisha Griffin. Attorneys for appellee: Jenny Buchheit, Sean Dewey.

Wednesday opinions
Indiana Court of Appeals
Enoch J. Frank v. Monica S. Frank
24A-DN-2572
Domestic relations without children. Affirms Marion Superior Court Magistrate Tara Melton’s order that Enoch Frank pay Monica Frank $5,000 per month in provisional spousal maintenance and $25,000 in preliminary attorneys’ fees and litigation costs. Finds the trial court’s order requiring husband to pay provisional spousal maintenance and attorneys’ fees to wife was not against the logic and effects of the facts and circumstances. Also finds the trial court did not abuse its discretion. Attorneys for appellant: Bryan Ciyou, Anne Lowe. Attorney for appellee: Andrew Soshnick.

Troyon Ramon Scott v. State of Indiana
24A-PC-2482
Post-conviction relief. Reverses St. Joseph Superior Court Judge Jeffrey Sanford’s denial of Troyon Scott’s petition for post-conviction relief. Finds that the post-conviction court erred in denying Scott’s claim of ineffective assistance of trial counsel. Vacates Scott’s conviction for murder, his sentence enhancement for use of a firearm, and his aggregate 65-year sentence, and remands for a new trial. Attorney for appellant: Donald Schmid. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Daylon Welliver.