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Opinions July 21, 2015 ILD

Indiana Court of Appeals
In the Matter of: A.B. and C.S. (Minor Children), Children Alleged to be in Need of Services, S.W. (Mother) and M.S. (Father) v. The Indiana Department of Child Services, et al (mem. dec.)
53A01-1408-JC-365
Juvenile CHINS. Reverses trial court’s CHINS adjudication. Rules the evidence presented at the fact-finding hearings does not support the conclusion that Mother is unable to care for her children or that court intervention was needed.

Danney R. Lowery v. State of Indiana (mem. dec.)
06A01-1410-CR-459
Criminal. Affirms the calculation of Lowery’s credit time in connection with the revocation of his placement in community corrections. Finds Lowery is not entitled to good-time credit for the home detention he served after Jan. 18, 2013.

Westville Lounge, Ltd., d/b/a Crossroads, and Michael Ganz d/b/a Crossroads Lounge v. Walter Wesley (mem. dec.)
46A05-1412-CT-606
Civil tort. Affirms denial of Ganz’s motion for relief from judgment under Indiana Trial Rule 60(B).

Clayton Labarr v. State of Indiana (mem. dec.)
49A04-1411-CR-523
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor.

Austin Barnard v. State of Indiana (mem. dec.)
34A02-1412-CR-896
Criminal. Affirms revocation of Barnard’s probation and order that the 650 days remaining on Barnard’s sentence be executed.  

Robert S. Kaufman v. State of Indiana (mem. dec.)
82A01-1411-CR-516
Criminal. Reverses conviction of Class A felony dealing in methamphetamine within 1,000 feet of a family housing complex. Remands to trial court to vacate Kaufman’s conviction and sentence for dealing in methamphetamine as a Class A felony and to enter judgment of conviction on one count of possession of two or more chemical reagents or precursors with intent to manufacture methamphetamine within 1,000 feet of a family housing complex as a Class C felony and to sentence accordingly.  

Shawn Wayne Kinningham v. State of Indiana (mem. dec.)
82A01-1411-CR-503
Criminal. Reverses convictions of three counts of attempted theft, as Class D felonies. Finds trial court abused its discretion when, over Kinningham’s continuing objection, it allowed employees from the four auto dealerships to testify and admitted into evidence the checks drawn on Kinningham’s bank account as well as the documents detailing Kinningham’s and his partner’s sales negotiations with the dealerships. Remands for proceedings consistent with this opinion.  

Cory Alan Neal v. State of Indiana (mem. dec.)
85A02-1412-CR-839
Criminal. Affirms 40-year sentence for Class A felony child molesting.

 

Opinions July 21, 2015

Indiana Supreme Court
In the Matter of: Steven J. Ouellette
02S00-1502-DI-107
Attorney discipline. Disbars Steven J. Ouellette for converting $8,725 in client funds and failing to cooperate with the disciplinary process. Ouellette, who currently was suspended indefinitely in a separate disciplinary matter, violated Rules of Professional Conduct 1.15(a), 8.1(b), 8.4(b) and 8.4(c). Respectively, those rules violations are for failing to hold client property in trust; failing to respond to disciplinary authorities; committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness; and conduct involving dishonesty, fraud, deceit or misrepresentation.

Justices take drug-buy sting appeal

The Indiana Supreme Court will review the conviction of a man arrested after authorities set up controlled cocaine purchases from him.

Opinions July 20, 2015 ILD

Indiana Court of Appeals
Sherri Lane v. State of Indiana (mem. dec.)
49A02-1410-CR-715
Criminal. Affirms conviction of Class D felony theft.

Rodney S. Perry v. State of Indiana (mem. dec.)
45A04-1501-CR-31
Criminal. Affirms denial of Perry’s motion to correct erroneous sentence. Perry had pleaded guilty to two counts of Class A felony voluntary manslaughter and the trial court imposed a sentence of 70 years. COA ruled the issues Perry raises have already been resolved in his direct appeal, post-conviction proceeding and post-conviction appeal.

Paul Scott Campbell v. State of Indiana (mem. dec.)
73A01-1502-CR-46
Criminal. Remands to clarify Campbell’s sex offender conditions of probation. Finds two conditions of his probation are impermissibly vague and the third condition could be more clear.

Jacob McDaniel v. State of Indiana (mem. dec.)
29A04-1412-CR-599
Criminal. Dismisses appeal of 16-year aggregate sentence imposed after the acceptance of McDaniel’s plea agreement. Concludes McDaniel knowingly and voluntarily waived his right to appeal his sentence.

Raymond D. White v. Yvonne R. White (mem. dec.)
25A05-1407-DR-344
Domestic relation. Affirms the trial court’s division of the marital estate. Reverses the trial court’s exclusion of the student loans from the marital estate. Remands with instructions to include the student loans in the marital estate and divide that liability accordingly; and determine whether an award of appellate attorney fees to Yvonne White is appropriate.

In re: the adoption of A.A., A.A. v. D.J. (mem. dec.)
73A05-1411-AD-509
Adoption. Reverses order allowing D.J.’s (the stepfather) adoption petition for the minor child to proceed without the consent of A.A. (the father). Remands for further proceedings under the adoption consent statute.  

Kerry D. Ketchem v. State of Indiana (mem. dec.)
03A01-1412-CR-519
Criminal. Affirms aggregate eight-year sentence for pleading guilty to three counts of Class D felony theft.

In the Matter of the Termination of the Parent-Child Relationship of E.B., Mother, C.T., Father, and K.B., Child, C.T. v. Ind. Dept. of Child Services (mem. dec.)
82A01-1412-JT-525
Juvenile. Affirms order terminating the parental rights of the father, C.T., to his child, K.B.

Dominique Morris v. State of Indiana (mem. dec.)
49A05-1501-CR-18
Criminal. Affirms conviction of voluntary manslaughter, a Level 2 felony, and escape, a Level 6 felony.

Trent Fitzmaurice v. State of Indiana (mem. dec.)
08A02-1411-CR-782
Criminal. Affirms convictions of Class D felony dealing in a sawed-off shotgun and Class D felony theft.

Deandre Averitte v. State of Indiana (mem. dec.)
49A02-1412-CR-860
Criminal. Reverses conviction of unauthorized entry of a motor vehicle as a Level 6 felony. Remands with instructions to vacate the judgment and sentence and instead enter a judgment of conviction for Class B misdemeanor unauthorized entry of a motor vehicle and impose a sentence. Also remands to clarify whether the restitution order is a condition of probation and, if so, determine whether Averitte is able to pay the restitution.

William Eugene Slaton v. State of Indiana (mem. dec.)
82A05-1412-CR-589
Criminal. Affirms conviction and 18-year aggregate sentence for attempted dealing in methamphetamine, a Class B felony; possession of methamphetamine, a Class D felony; and being found to be a habitual substance offender.  
 

Opinions July 20, 2015

Indiana Court of Appeals
Charles R. Ferguson v. The Estate of Lera V. Ferguson
34A02-1411-ES-793
Estate. Reverses on interlocutory appeal an order that Charles R. Ferguson post a bond in excess of $1.1 million, representing the amount of his claim against the estate plus administrative costs in order to stay the sale of the family farm. Finding the trial court abused its discretion in ordering a bond in the amount of a claim against the estate plus costs, the panel remands with instructions that bond be posted at $60,000, the amount of administrative costs.

Involuntary commitment vacated for lack of evidence

An Indianapolis woman was improperly ordered committed for mental illness, but there was insufficient evidence she was gravely disabled, a panel of the Indiana Court of Appeals ruled Monday. The decision further emphasizes the need for clear and convincing evidence of grave disability to support a commitment.

Indiana AG Zoeller enters congressional race

Indiana Attorney General Greg Zoeller is looking for a return to Washington by seeking the congressional seat that Republican U.S. Rep. Todd Young is giving up to run for the U.S. Senate next year.

Opinions July 17, 2015 ILD

Indiana Tax Court
Richard D. Foster v. Indiana Department of State Revenue (mem. dec.)
49T10-1504-TA-17
Tax. Grants Indiana Department of State Revenue’s motion to dismiss. Foster appealed the revenue department’s seizure of his tax refunds and vehicles after he pled guilty to possession of marijuana. However, the Tax Court concluded it lacked subject matter jurisdiction since Foster had not taken his appeal from a final determination of the revenue department.  

Indiana Court of Appeals
Segun Rasaki v. State of Indiana (mem. dec.)
49A02-1411-CR-796
Criminal. Affirms conviction of battery of the first victim, as a Class B misdemeanor. Reverses conviction of sexual battery of the second victim, as a Class D felony, and remands with instructions to enter judgment for battery of the second victim, as a Class B misdemeanor.

Jason M. Drinsky v. State of Indiana (mem. dec.)
20A03-1501-CR-7
Criminal. Affirms 10-year sentence, with four years suspended to probation, for possessing material capable of causing bodily injury by an inmate, a level 4 felony.

Curtis D. Keplinger v. State of Indiana (mem. dec.)
35A05-1412-CR-572
Criminal. Affirms 35-year sentence for attempted robbery, a Class B felony, and being a habitual offender.

Kevin J. Mamon v. State of Indiana (mem. dec.)
30A05-1408-CR-372
Criminal. Affirms conviction of battery resulting in bodily injury, a Class D felony.

Thomas Daniel Sayre v. State of Indiana (mem. dec.)
73A01-1411-CR-482
Criminal. Affirms seven-year sentence for pleading guilty to robbery, a Class C felony.