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Opinions

Opinions Nov. 30, 2018

Indiana Court of Appeals 
James E. Jarman v. State of Indiana

18A-CR-1034
Criminal. Reverses James E. Jarman’s convictions for methamphetamine, dealing in a synthetic drug or synthetic drug lookalike substance and possession of paraphernalia. Finds although Jarman signed a waiver consent to searches without a warrant or probable cause, he did not “unambiguously authorize” suspicionless searches of his person. 
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Opinions Nov. 29, 2018

Indiana Court of Appeals
Brian Harold Connor v. State of Indiana

18A-CR-442
Criminal. Reverses Brian Connor’s conviction of Class C misdemeanor operating a motor vehicle with an alcohol concentration equivalent to at least 0.08 grams of alcohol but less than 0.15 grams of alcohol per 210 liters of the person’s breath. Finds the Marion Superior Court abused its discretion in admitting Connor’s chemical breath test into evidence when an Indianapolis Metropolitan Police Department captain administered the test using a procedure not approved by the Department of Toxicology.
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Opinions Nov. 28, 2018

Indiana Court of Appeals
Anonymous Physician, Anonymous Medical Practice, Anonymous Hospital v. Michelle Kendra, as Personal Representative of the Estate of John Kendra, Deceased
18A-CT-323
Civil Tort. Reverses the Lake Superior Court’s denial of summary judgment in favor of Anonymous Physician, Anonymous Medical Practice and Anonymous Hospital. Finds Michelle Kendra’s knowledge of her father’s heart problems and suffering after he was implanted with a pacemaker was enough to trigger a duty to investigate the possibility of medical malpractice.
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Opinions Nov. 26, 2018

Indiana Court of Appeals
Trey A. Smith v. State of Indiana

18A-CR-1023
Criminal. Affirms Trey Smith’s conviction of Level 6 felony theft. Finds the hearsay testimony offered by a Columbus police officer was a harmless error because the conviction was supported by independent evidence of guilt. Reverses sua sponte Smith’s conviction of Class B misdemeanor criminal mischief. Holds the conviction violates the rule against double jeopardy. Remands to the Bartholomew Superior Court with instructions to vacate the criminal mischief conviction.
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Opinions Nov. 21, 2018

Indiana Court of Appeals 
Oscar Flores v. State of Indiana

18A-CR-1632
Criminal. Reverses and remands with instructions for the Marion Superior Court to vacate one of Oscar Flores’ convictions for Level 4 felony child molesting. Finds that both convictions occurred during a single transaction, so one should be vacated under the continuous-crime doctrine.
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Opinions Nov. 19, 2018

Indiana Court of Appeals
J.S. v. State of Indiana

18A-JV-826
Juvenile. Affirms J.S.’s adjudication as a delinquent child for possession of a firearm and resisting law enforcement as Class A misdemeanors if committed by an adult. Finds there is sufficient evidence to support J.S.’s true finding for dangerous possession of a firearm.
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Opinions Nov. 16, 2018

Indiana Supreme Court 
In the Matter of Tia R. Brewer

18S-DI-299
Disciplinary. Suspends Marion attorney Tia Brewer from the practice of law for at least three years without automatic reinstatement. Finds Brewer committed attorney misconduct by neglecting clients’ cases, failing to appear at show cause hearings, failing to withdraw from cases when her abuse of cocaine rendered her unable to assist her clients, committing a crime that reflects adversely on her fitness as a lawyer and failing to cooperate with the disciplinary process. Justice Christopher Goff did not participate.
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Opinions Nov. 15, 2018

Indiana Court of Appeals
Jose Andrade v. City of Hammond and Hammond Board of Public Works and Safety

18A-MI-1199
Miscellaneous. Affirms the Lake Superior Court’s order affirming a decision made by the Hammond Board of Public Works and Safety that Jose Andrade restore a 1927 home he owns to a single-family dwelling. Finds the board did not exceed its statutory authority when it issued the order. Finds there is sufficient evidence to prove the home was intended as a single-family dwelling. Lastly, finds the city’s failure to comply with Andrade’s discovery request does not merit reversal.
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Opinions Nov. 14, 2018

7th Circuit Court 
Richard N. Bell v. Vacuforce, LLC, Appeals of: Paul B. Overhauser

18-1368, 18-1159
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence. 
Civil. Affirms the Southern District Court’s imposition of sanctions on Paul Overhauser for filing a motion found to be frivolous and misleading. Finds the district court did not abuse its discretion in imposing sanctions for filing a motion for fees that was baseless and rested on “an infirm factual foundation.” Also rejects Overhauser’s notion that a party can “prevail” for purposes of a fee-shifting statute by paying a settlement and obtaining a dismissal with prejudice.  
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