Opinions Sept. 14, 2021

Keywords Opinion / Opinions

Indiana Supreme Court
John B. Larkin v. State of Indiana

21S-CR-00427
Criminal. Affirms the LaPorte Superior Court’s judgment against John B. Larkin for Class C felony involuntary manslaughter. Finds the trial court did not abuse its discretion by denying Larkin’s motion to dismiss for prosecutorial misconduct or by treating the handgun as an aggravator. Finds the state presented sufficient evidence to overcome Larkin’s self-defense claim and that Larkin was not deprived of fair notice. Justice Steven David dissents with separate opinion, arguing that the acquittal of his crimes should be upheld. 

Indiana Court of Appeals
Michael T. Robinson v. State of Indiana
21A-PC-417
Post-conviction. Affirms the Madison Circuit Court’s denial of Michael T. Robinson’s petition for post conviction relief from his convictions of murder and robbery. Finds that Prosecutor Rodney Cummings did not suborn perjury during Robinson’s trial. Finds the post-conviction court did not give ineffective assistance based on the precedents of the time.

PointOne Recruiting Solutions, Inc. v. Omen USA, Inc. d/b/a Omen Casting Group
21A-CC-518
Civil collection. Reverses the Marion Superior Court’s judgment in a breach of contract complaint against Omen Casting Group by PointOne Recruiting Solutions. Remands with instructions for Omen to pay PointOne $30,000 and reasonable attorney’s fees. Finds PointOne established prima facie error. 

Paternity: Abigail L. Parkes v. Daniel S. Borter (mem. dec.)
21A-JP-221
Juvenile paternity. Affirms the Greene Circuit Court’s order finding Abigail Parkes in contempt for failing to comply with the directive regarding her child M.B.’s placement at a preschool. Finds the mother has not established prima facie error that the trial court abused its discretion in finding her in contempt or in ordering her to pay Father’s attorneys’ fees in the amount of $900.

W.G. v. J.S. (mem. dec.)
21A-AD-461
Adoption. Affirms the Jasper Circuit Court’s order dismissing W.G’s petition to adopt J.S.’s minor child, K.S. Finds the trial court did not err in granting  the father’s motion to contest the adoption and dismissed the stepfather’s petition because father’s consent was required but not obtained.

Douglas Jay Barnes v. State of Indiana (mem. dec.)
21A-CR-00834
Criminal. Affirms Douglas Jay Barnes’ four-year sentence, with three years executed in the Department of Correction and one year suspended, for conviction of Level 5 felony intimidation. Finds his sentence is not inappropriate in light of his character.

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