Opinions Nov. 6, 2019

Keywords Opinions

Indiana Court of Appeals
Benjamin S. Smith v. Franklin Township Community School Corporation
19A-CT-1244
Civil tort. Reverses the Marion Superior Court’s denial of Benjamin Smith’s motion to reinstate his negligence complaint against the Franklin Township Community School Corporation. Finds the Claims Against Public Schools Act does not apply to Smith’s claim against the school. Remands with instructions to reinstate Smith’s tort claim.

Goldie Crews v. State of Indiana (mem. dec.)
19A-CR-273
Criminal. Affirms the Crawford Circuit Court’s denial of Goldie Crews’ motion to dismiss her charge of Level 6 felony battery against a public safety official. Finds a pretrial motion to dismiss is not the proper vehicle for her claim.

Reham Al-Sinan v. Blackbird Farms Apartments, LLC and WH Long Rentals, Inc. (mem. dec.)
19A-CT-1236
Civil tort. Reverses the Tippecanoe Superior Court’s order granting Blackbird Farms Apartments’ motion for summary judgement against Reham Al-Sinan’s negligence claim. Finds that an issue of material fact remains as to whether Blackbird breached its duty to Reham. Remands to the trial court for further proceedings.

Cody A. Fyock v. State of Indiana (mem. dec.)
19A-CR-1006
Criminal. Affirms Cody Fyock’s conviction for Level 3 felony attempted rape. Finds there is sufficient evidence to support the conviction.

In the Matter of the Termination of the Parent-Child Relationship of: L.B. (Minor Child) and B.B. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1270
Juvenile termination of parental rights. Affirms the termination of B.B.’s parental rights to her minor child, L.B. Finds the Montgomery Superior Court did not err in finding that there was a reasonable probability that the conditions that had led to L.B’s removal from B.B.’s care would not be remedied.

Buddy Lee Wright v. State of Indiana (mem. dec.)
19A-CR-1237
Criminal. Affirms the Clark Circuit Court’s order that Buddy Wright serve his full three-year sentence, minus time served, in the Indiana Department of Correction. Finds the trial court ordered Wright to serve all three years in the DOC not because of a misunderstanding of its options but rather because of the facts in his case.

Christopher L. Norfolk v. State of Indiana (mem. dec.)
19A-CR-1387
Criminal. Affirms Christopher Norfolk’s conviction for Level 6 felony battery against a public safety official. Finds there is sufficient evidence to support the conviction.

Danny R. Bailey v. State of Indiana (mem. dec.)
18A-PC-2805
Post-conviction. Affirms the Vanderburgh Superior Court’s denial of Danny Bailey’s successive petition for post-conviction relief. Finds Bailey’s post-conviction claims have either been waived or are barred by the doctrine of res judicata.

Samuel L. Martin-Shively v. State of Indiana (mem. dec.)
19A-CR-1146
Criminal. Affirms Samuel Martin-Shively’s convictions for two counts of Level 5 felony criminal confinement, two counts of Level 6 felony strangulation, two counts of Level 6 felony domestic battery with a prior conviction, and one count of Level 6 felony intimidation, and his aggregate 5 ½ -year sentence. Finds sufficient evidence to support one of Martin-Shively’s strangulation convictions. Also finds no double jeopardy violation in his convictions for criminal confinement and domestic battery. Finally, finds Martin-Shively’s character does not render the sentence inappropriate.

Charles James Popp v. State of Indiana (mem. dec.)
19A-PC-324
Post-conviction. Affirms the Vanderburgh Superior Court’s denial of Charles Popp’s petition for post-conviction relief. Finds Popp failed to satisfy his burden of showing that the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court.

Donald J. Stanley v. State of Indiana (mem. dec.)
19A-CR-318Criminal. Affirms Donald Stanley’s conviction for Class A misdemeanor invasion of privacy under Cause Number 35D01-1712-F6-289 and his sanction for probation violation under Cause Number 35C01-0907-FC-40. Finds the Huntington Superior Court did not err when it limited Stanley’s cross-examination of a witness and excluded certain testimony in Cause F6-289 or when it revoked Stanley’s probation and ordered the remainder of his 4 ½ – year suspended sentence to be served in the Department of Correction in Cause FC-40.

Ricardo Willis v. State of Indiana (mem. dec.)
19A-CR-828
Criminal. Affirms and reverses in part the revocation of Ricardo Willis’ probation and community corrections placement and the order that he serve the remainder of his six-year sentence in the Indiana Department of Correction, and the order for Willis to pay probation fees. Finds Willis has failed to establish that the Marion Superior Court abused its discretion by revoking his community corrections placement and probation. Also finds clarification from the trial court is needed regarding the ordered fees. Remands with instructions for the trial court to recalculate the amount of fees or costs owed, if any.

Christopher Allen v. State of Indiana (mem. dec.)
19A-CR-1310
Criminal. Reverses Christopher Allen’s conviction for Class A misdemeanor domestic battery. Finds the state of Indiana did not present evidence at trial establishing the year of Allen’s alleged crime. Also finds the majority’s ruling in Wallace v. State, 753 N.E.2d 568 (Ind. 2001), is law in Indiana.

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