Opinions Nov. 2, 2022

Keywords Opinions

Court of Appeals of Indiana
Jim Brugh v. Board of Commissioners of Cass County, Indiana, et al. (mem. dec.)
22A-PL-2474
Civil plenary. Affirms the denial of Jim Brugh’s motion to correct error, filed after the Cass Circuit Court approved a proposed agreed order reached by the Board of Commissioners of Cass County and the city of Logansport in a partition action through a mediation that took place without Brugh, who previously had been permitted to intervene. Finds Brugh did not have standing to participate in the mediation.

William Scott Dillon v. State of Indiana (mem. dec.)
22A-CR-852
Criminal. Affirms the revocation of William Scott Dillon’s placement on work release and the order that he serve the placement in the Department of Correction. Finds Indiana Code permitted the Hamilton Superior Court revoke Dillon’s placement and commit him to the DOC, and his contract with Hamilton County Community Corrections expressly informed him of the court’s authority to do so. Also finds Dillon’s due process rights weren’t violated. Finally, finds the trial court did not abuse its discretion when it ordered Dillon to serve the balance of his placement with HCCC in the DOC.

Angela Cunningham-Goble v. State of Indiana (mem. dec.)
22A-CR-1101
Criminal. Affirms the order regarding payment of fines, fees, costs and attorney fees imposed after Angela Cunningham-Goble was convicted of two misdemeanors. Finds Cunningham-Goble has waived her challenges to the court orders regarding payment of fees and costs from the cash bonds by failing to object in the Henry Circuit Court and failing to allege fundamental error on appeal. Waiver notwithstanding, also finds no fundamental errors in those orders as to Cunningham-Goble.

Lacey Evans v. State of Indiana (mem. dec.)
22A-CR-174
Criminal. Affirms Lacey Evans’ conviction of resisting law enforcement as a Class A misdemeanor. Finds the state presented sufficient evidence to support Evans’ conviction. Also finds inconsistencies exist between the Marion Superior Court’s oral sentencing statement and its written order that should be clarified. Remands with instructions to amend the written sentencing order to reflect Evans’ sentence of 365 days, with 355 days suspended and 10 days already executed. Judge Leanna Weissmann dissents with separate opinion.

D.M. v. State of Indiana (mem. dec.)
22A-JV-428
Juvenile. Affirms the admission of evidence that led to true findings entered against D.M. for what would be Level 5 felony dealing in cocaine, Level 5 felony cocaine possession, Class A misdemeanor dangerous possession of a firearm and Class A misdemeanor carrying a handgun without a license if committed by an adult. Finds officers Jon King and Dalton Anderson had a reasonable basis for detaining D.M. Also finds the officers’ seizure of D.M. did not violate Article 1, Section 11 of the Indiana Constitution.

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