Opinions Oct. 29, 2021

Keywords Opinions

Indiana Court of Appeals

Broadway Logistics Complex, LLC, and Thomas Wisniewski v. Peggy Holinga Katona, as Lake County Treasurer, and John Petalas, as Lake County Auditor
21A-PL-738
Civil plenary. Affirms the denial of Broadway Logistics Complex LLC and Thomas Wisniewski’s request for injunctive relief and the declaration that tax sale certificates they acquired were forfeitable by the Lake County treasurer. Finds the Lake Circuit Court did not err.

Billy D. Glover v. State of Indiana
21A-CR-767
Criminal. Affirms the grant of 481 days of credit time for pretrial confinement on the charge for which Billy D. Glover was sentenced, Level 4 felony child molesting. Finds that Glover’s pretrial confinement for earlier dismissed charges was not the result of the charge for which he was sentence, so the Lake Superior Court correctly rejected his request that he receive credit for pretrial confinement for the dismissed charges.

Torri Newman v. State of Indiana
21A-CR-872
Criminal. Affirms the denial of Torri Newman’s petition to modify his sentence for dealing in cocaine as a Class A felony. Finds the Hamilton Superior Court did not abuse its discretion in summarily denying Newman’s petition to modify his sentence.

Anna-Maria Junette San Nicolas Pablo v. State of Indiana (mem. dec.)
21A-CR-331
Criminal. Affirms Anna-Maria Junette San Nicolas Pablo’s sentence to 60 years executed after she pleaded guilty to murdering her 11-month-old daughter. Finds Pablo’s sentence is not inappropriate, as it is only five years more than the advisory sentence.

Candice Cooper v. Monroe County Animal Management Commission (mem. dec.)
21A-MI-362
Miscellaneous. Affirms the Monroe County Animal Management Commission’s decision to void Candice Cooper’s ownership of her dog and the Monroe Circuit Court’s affirmation of that decision. Finds no error.

Rick Daniels, as Parent of Josh Daniels, and Josh Daniels v. The Case Review Panel, by its Administrator, The Indiana Department of Education, Indiana High School Athletic Association, and Duneland School Corporation (mem. dec.)
21A-MI-430
Miscellaneous. Dismisses Rick Daniels and Josh Daniels’ appeal of the denial of their request for a preliminary injunction after the Indiana High School Athletic Association determined Josh was ineligible to compete in high school wrestling, and a case review panel’s decision upholding the eligibility ruling. Finds the case is moot because Josh has graduated from high school, and the public interest exception to the mootness doctrine does not apply. Remands to the Porter Superior Court to dismiss the case as moot.

Joseph Wooley v. Mariah Fulton (mem. dec.)
21A-JP-432
Juvenile paternity. Affirms the order phasing in Joseph Wooley’s parenting time with his two children and the order for him to pay $1,000 of Mariah Fulton’s attorney fees. Finds Wooley invited any error with regard to parenting time. Also finds the Huntington Circuit Court did not abuse its discretion when it ordered Wooley to pay $1,000 of Fulton’s attorney fees.

State of Indiana v. Christopher Martisa Deal (mem. dec.)
21A-CR-515
Criminal. Affirms the interlocutory order concluding that Christopher M. Deal’s custodial statement made to the police is inadmissible at trial. Finds Deal did not waive his right to counsel despite re-instigating communications with officers. Judge Elaine Brown dissents with separate opinion.

Darrah Draper v. Casey Umbarger (mem. dec.)
21A-JP-561
Juvenile paternity. Affirms the Henry Circuit Court’s order regarding Darrah Draper’s custody and parenting time. Finds the facts and inferences of the case support the decision of the trial court.

Ernest Douglas v. State of Indiana (mem. dec.)
21A-CR-763
Criminal. Affirms Ernest Douglas’ two convictions for murder. Finds Douglas has not demonstrated that a new trial is warranted.

James Carter, Jr. v. State of Indiana (mem. dec.)
21A-CR-799
Criminal. Affirms James Carter Jr.’s conviction for Class A misdemeanor invasion of privacy. Finds the state proved proper venue by a preponderance of the evidence sufficient to sustain Carter’s conviction.

In the Matter of: Ka.Z. and Ki.Z. (Minor Children), and C.Z. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JC-973
Juvenile CHINS. Affirms the adjudication of father C.Z.’s children, Ki.Z. and Ka.Z., as children in need of services. Finds C.Z. has not shown that the order adjudicating the children as CHINS is clearly erroneous.

Levi T. Woosley v. State of Indiana (mem. dec.)
21A-CR-1001
Criminal. Affirms Levi Woosley’s sentence to 3½ years executed for his conviction for Level 5 felony failure to register as a sex offender. Finds Woosley’s sentence is not inappropriate in light of the nature of the offense and his character.

Kevin R. Hemingway v. State of Indiana (mem. dec.)
21A-CR-1134
Criminal. Affirms Kevin R. Hemingway’s 10-year sentence for his convictions of Level 5 felony obstruction of justice and being a habitual offender. Finds Hemingway has failed to carry his burden to show that his sentence is inappropriate.

State of Indiana v. John M. Hilgefort (mem. dec.)
21A-CR-1187
Criminal. Reverses and vacates the order for reinstatement of John Hilgefort’s commercial driver’s license endorsement. Finds the order was entered absent the Dubois Superior Court having personal jurisdiction over the Indiana Bureau of Motor Vehicles. Also finds the BMV is entitled to relief upon its motion to correct error.

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