Opinions Nov. 12, 2019

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Indiana Supreme Court
In the Matter of the Honorable Andrew Adams; In the Matter of the Honorable Bradley B. Jacobs; In the Matter of the Honorable Sabrina R. Bell
19S-JD-386, 19S-JD-566, 19S-JD-567
Judicial discipline. Suspends Clark Circuit 1 Judge Andrew Adams, who is already under an interim suspension, for 60 days without pay, effective immediately, to be reinstated at 12:01 a.m. Jan. 13, 2020. Suspends Clark Circuit 2 Judge Bradley Jacobs and Crawford Circuit Judge Sabrina Bell for 30 days without pay, effective 12:01 a.m. Nov. 22, to be reinstated at 12:01 a.m. Dec. 23. Finds the respondents, who were involved in a violent confrontation in Indianapolis on May 1 in which Adams and Jacobs were shot, violated Indiana Code of Judicial Conduct Rules 1.2 and 3.1(c). Also finds Adams violated Code of Judicial Conduct Rule 1.1.

Kenworth of Indianapolis, Inc., et al. v. Seventy-Seven Limited, et al.
Civil plenary. Affirms the Marion Superior Court’s denial of summary judgment for Kenworth of Indianapolis, Inc. on Seventy-Seven Limited’s lawsuit alleging breach of contract, constructive fraud and other causes related to the delivery of 40 allegedly defective dump trucks. Remands for proceedings.

A.M. v. State of Indiana
Juvenile. Affirms the Kosciusko Superior Court’s decision that A.M. failed to demonstrate that he received ineffective assistance of counsel during a disposition-modification hearing. Finds that because of A.M.’s inability to rehabilitate in less-restrictive settings, his expulsion from school, and his increasingly violent behavior, placement in the Department of Correction proved consistent with his best interests. Finds A.M.’s counsel helped ensure he received a fundamentally fair hearing. All justices concur, with Justice Geoffrey Slaughter concurring in judgment with separate opinion.

Indiana Court of Appeals
Degood Dimensional Concepts, Inc. v. John D Wilder
Civil plenary. Affirms in part, reverses in part, remands with instructions that the Kosciusko Circuit Court amend the order to include an additional award for John Wilder in the amount of $3,329 in unpaid wages against his former employer DeGood Dimensional Concepts, Inc. Finds Wilder is entitled to unpaid wages in that amount, but not entitled to liquidated damages from DeGood. Instructs the trial court to also calculate the costs of the matter, amount of prejudgment interest owed, and determine the additional award of reasonable attorney fees to which Wilder is entitled.

Camaris Antwon Devon Slater v. State of Indiana (mem. dec.)
Criminal. Affirms Camaris Slater’s aggregate 17-year sentence for conviction of Level 3 felony armed robbery and his status as a habitual offender. Finds the sentence is not inappropriate in light of the nature of his offense and character.

William M. Hardin v. State of Indiana (mem. dec.)
Criminal. Affirms William Hardin’s sentence of four years executed in the Department of Corrections and one year as a direct placement in community corrections for conviction of Level 5 felony sexual misconduct with a minor. Finds the sentence is not inappropriate in light of the nature of the offense and his character.

Derek R. Odom v. State of Indiana (mem. dec.)
Criminal. Affirms the Vigo Superior Court’s revocation of Derek Odom’s probation and order that he serve four years of his previously suspended five-year sentence. Finds the trial court did not abuse its discretion.

In the Matter of the Termination of the Parent-Child Relationship of K.C., Mother, D.C., Father, and D.C., D’A.C., Da.C., and K.C., Children, K.C. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the Clark Circuit Court’s order terminating K.C.’s parental rights to her children, D.C., D’A.C., Da.C., and K.C. Finds the juvenile court’s termination of K.C.’s parental rights to her children was not clearly erroneous.

Brandon G. McAllister v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Brandon McAllister’s probation and order that he serve the remainder of his previously suspended sentence. Finds the Vigo Superior Court did not abuse its discretion.

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