Opinions Nov. 1, 2022

Keywords Opinions

Court of Appeals of Indiana
Charitable Allies, Inc. v. Down Syndrome Association of Northwest Indiana, Inc. (mem. dec.)
22A-PL-1111
Civil plenary. Affirms the removal of Charitable Allies’ notice of an attorney’s lien in an underlying action between Charitable Allies’ former client, Down Syndrome Association of Northwest Indiana Inc., and former officers of DSA. Finds Charitable Allies has waived its argument regarding the Lake Superior Court’s purported lack of subject matter jurisdiction, and its assertion that the trial court lacked personal jurisdiction over it is meritless and not supported by cogent reasoning or authority. Also finds the trial court’s removal of the notice of lien is not reversible error. Finally, finds the totality of Charitable Allies’ work product to the Court of Appeals demonstrates not just weak legal positions, but positions “utterly devoid of all plausibility.” Remands to the trial court with instructions for it to determine and award to DSA a reasonable amount for its appellate attorney fees in this appeal.

Abhaya Deva and Bluelight, Inc. v. Bill Bauman and Kroeger Funeral Home, Inc. (mem. dec.)
22A-CT-795
Civil tort. Reverses the Anti-SLAPP judgment against Abhaya Deva. Finds Deva was not given a meaningful opportunity to be heard at a hearing in violation of his due process rights. Remands for a new hearing.

Layton E. Laramore v. State of Indiana (mem. dec.)
22A-CR-716
Criminal. Reverses Layton Laramore’s conviction of Class A misdemeanor possession of a controlled substance but affirms his conviction of Class C misdemeanor possession of paraphernalia. Finds the state failed to prove that Laramore possessed THC with a percent concentration of more than 0.3%. Also finds the evidence is sufficient to support Laramore’s conviction for Class C misdemeanor possession of paraphernalia. Remand with instructions to the Adams Superior Court to vacate his Class A misdemeanor conviction.

Jerald Irvin Crider, III v. State of Indiana (mem. dec.)
22A-CR-663
Criminal. Affirms Jerald Crider’s 9½-year executed sentence in the Department of Correction for his convictions of Level 5 felony burglary and Level 6 felony possession of methamphetamine and his admission to be a habitual offender. Finds Crider has failed to meet his burden of demonstrating that his placement in the DOC is inappropriate.

John Reese v. State of Indiana (mem. dec.)
22A-CR-276
Criminal. Affirms John Reese’s conviction of Class A misdemeanor battery. Finds the state presented sufficient evidence to rebut Reese’s claim of self-defense.

Richard D. Smith v. State of Indiana (mem. dec.)
22A-CR-28
Criminal. Affirms the denial of Richard Smith’s motion to suppress evidence in his criminal case. Finds Smith’s Fourth Amendment rights were not violated. Also finds the Wabash Superior Court did not err.

K.T. v. State of Indiana (mem. dec.)
22A-JV-386
Juvenile. Affirms K.T.’s juvenile delinquency adjudication for committing dangerous possession of a firearm but reverses his adjudication for carrying a handgun without a license. Finds K.T. constructively possessed only one of the three firearms at issue. Remands to the Marion Superior Court with instructions to vacate K.T.’s adjudication for carrying a handgun without a license.

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