Opinions Oct. 16, 2019

Keywords Opinions

Indiana Court of Appeals
Anthony M. Galloway v. State of Indiana (mem. dec.)
18A-CR-2954
Criminal. Affirms the Madison Circuit Court’s denial of Anthony Galloway’s motion to suppress evidence. Finds the warrantless search of Galloway’s car comported with the dictates of Article 1, Section 11 of the Indiana Constitution. Also finds the trial court did not err in denying Galloway’s motion to suppress the evidence seized in the search.

Carl E. McCormack v. State of Indiana (mem. dec.)
19A-CR-159
Criminal. Affirms Carl McCormack’s conviction of Level 6 felony receiving stolen auto parts and his habitual offender determination. Finds there is sufficient evidence to support the conviction.

Harold E. Chastain v. State of Indiana (mem. dec.)
18A-PC-2799
Post-conviction. Affirms the denial of Harold Chastain’s petition for post-conviction relief. Finds the Elkhart Superior Court did not clearly err in determining Chastain was not denied the effective assistance of trial counsel, nor in rejecting Chastain’s claim that he did not knowingly and intelligently waive his right to testify on his own behalf.

Robert A. Walton v. State of Indiana (mem. dec.)
18A-CR-2908
Criminal. Affirms Robert Walton’s convictions for Level 3 felony conspiracy to commit criminal confinement; Level 3 felony criminal confinement; four counts of Level 5 felony battery with a deadly weapon; Level 5 felony intimidation; two counts of Level 6 felony intimidation; and two counts of Level 6 felony criminal confinement. Finds the Delaware Circuit Court did not err by denying his motions for a directed verdict on the conspiracy and aggravated battery charges. Also finds his battery convictions do not constitute double jeopardy.

Town of Ellettsville, Indiana Plan Commission v. Highland Park Estates LLC and Debra Hackman (mem. dec.)
19A-PL-466
Civil plenary. Reverses the Monroe Circuit Court’s denial of the Indiana Plan Commission’s motion to dismiss Highland Park Estates, LLC and Deborah Hackman’s petition for judicial review of the commission’s grant of a developer’s petition to vacate a portion of a plat. Also reverses its grant of Highland Park and Hackman’s extension of time to file the record. Finds the trial court cannot consider the petition for judicial review because it was not timely filed.

John Shotts II v. Anonymous Skilled Nursing and Rehabilitation Facility, Anonymous Hospital, Anonymous M.D., Anonymous Long-Term Hospital (mem. dec.)
19A-MI-664
Miscellaneous. Affirms the Marion Superior Court’s preliminary determination of law dismissing John Shotts II’s medical malpractice claims with prejudice. Finds the trial court did not abuse its disscretion in dismissing the complaint. Finds the sanction of dismissal was not clearly against the logic and effect of the facts and circumstances before the trial court.

In re the Termination of the Parent-Child Relationship of G.C. (Minor Child) and J.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-935
Juvenile termination of parental rights. Affirms the termination of J.M.’s parental rights to her minor child G.C. Finds the Delaware Circuit Court’s finding that there was a reasonable probability that the conditions that resulted in G.C.’s removal from J.M.’s care, or the reasons for placement outside her home, would not be remedied is supported by clear and convincing evidence.

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