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Opinions March 31, 2015 ILD

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Indiana Court of Appeals
John Mark Nipp v. Amy Elizabeth Nipp (mem. dec.)
33A01-1410-DR-457
Domestic relation. Reverses grant of mother’s motion to clarify a 2014 order and the reduction of father’s parenting time with M.N.

Rodney L. Blakely v. State of Indiana (mem. dec.)
49A02-1406-CR-391
Criminal. Affirms convictions of two counts of Class C felony criminal confinement in one case and Class D felony strangulation in another case.

Amanda R. Lee v. State of Indiana (mem. dec.)
02A05-1409-CR-423
Criminal. Affirms 12-year sentence imposed following guilty plea to Class B felony dealing in methamphetamine, Class D felonies maintaining a common nuisance and dumping controlled substance waste, and Class A misdemeanor possession of paraphernalia.

John Randall Portis v. State of Indiana (mem. dec.)
45A03-1408-CR-285
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Shamus L. Patton v. State of Indiana (mem. dec.)
49A04-1406-CR-277
Criminal. Affirms convictions for six counts of Class C felony forgery.

Monica McCall v. State of Indiana (mem. dec.)
49A04-1408-CR-366
Criminal. Affirms conviction of Class D felony domestic battery.

SVT, LLC d/b/a Ultra Foods v. Benny Becchino (mem. dec.)
45A03-1407-CT-238
Civil tort. Affirms trial court’s decision to give jury instructions on spoliation and the apportionment of damages.

Gregory A. Caudle v. State of Indiana (mem. dec.)
49A02-1412-CR-847
Criminal. Dismisses pro se appeal of the denial of Caudle’s verified motion for discharge and request for production of certified documents.

Jeremy Ryan v. State of Indiana (mem. dec.)
20A03-1408-PC-293
Post conviction. Affirms denial of petition for post-conviction relief.

Brandon Scroggin v. State of Indiana (mem. dec.)
64A03-1410-CR-352
Criminal.  Affirms convictions, including Class C felony receiving stolen auto parts and Class A misdemeanor criminal mischief, but reverses imposition of a six-year portion of Scroggin’s aggregate 19½-year sentence that related to the convictions of Class D felonies arson and intimidation since they were part of a single episode of criminal conduct. Remands for the trial court to impose a sentence that is consistent with the opinion.

Bradley Hunt v. State of Indiana (mem. dec.)
09A02-1409-CR-686
Criminal. Affirms juvenile court’s waiver of juvenile jurisdiction.

Rodney S. Perry, Sr. v. State of Indiana (mem. dec.)
45A03-1412-CR-448
Criminal. Affirms order refusing to allow Perry to file a motion to correct erroneous sentence.

In Re the Adoption of H.J.S., J.H.S. and P.L.S. v. B.M.C. and A.J.S. (mem. dec.)
76A04-1410-AD-502
Adoption. Reverses dismissal of paternal grandparents’ petition to adopt grandchild. Remands for further proceedings.

Henry Gooch v. State of Indiana (mem. dec.)
49A02-1408-CR-571
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Sylvester Dunn v. State of Indiana (mem. dec.)
49A05-1407-CR-327
Criminal. Affirms conviction of Class B misdemeanor battery.

Michael J. Weis v. State of Indiana (mem. dec.)
26A04-1409-CR-444
Criminal. Affirms denial of petition for post-conviction relief.

Beverly R. Newman, Ed.D. v. Meijer, Inc. (mem. dec.)
49A05-1409-PL-469
Civil plenary. Reverses denial of Newman’s motion to set aside the dismissal of her complaint. Remands for further proceedings.

Loyd Allen Sands v. State of Indiana (mem. dec.)
35A04-1408-CR-364
Criminal. Affirms convictions and sentence for five counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class B felony sexual misconduct with a minor.

 

SCOTUS sides with Idaho in Medicaid pay dispute

Private health care providers cannot sue to force states to raise their Medicaid reimbursement rates to keep up with rising medical costs, the Supreme Court of the United States ruled Tuesday.

Court finds railroad’s arguments over dam don’t hold water

Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.

Pence wants changes to religious-objections law

Indiana Gov. Mike Pence said Tuesday that he wants legislation on his desk by the end of the week to clarify that the state's new religious-freedom law does not allow discrimination against gays and lesbians.

Opinions March 31, 2015

Indiana Court of Appeals
Berthal O. Williams and Patricia Williams v. The Indiana Rail Road Company
77A04-1311-CC-580
Civil collection. Reverses summary judgment in favor of the Indiana Rail Road Company on the Williamses’ attempt to enforce a 1901 indenture regarding a dam on their property. Concludes the indenture was a covenant running with the land, that the terms set forth in the indenture required IRR to maintain the dam and the water level at a specific depth, and that it contained a covenant, perpetual in nature, that did not cease upon a prior breach. Remands for further proceedings.

Questions exist as to whether fiduciary duty was breached

There is sufficient evidence to create genuine issues of material fact as to whether a shareholder breached its fiduciary duty owed to other shareholders and whether it committed constructive fraud by remaining silent about two businesses’ financial states, the Indiana Court of Appeals ruled Tuesday.

Ambiguous probation condition leads to reversal of violation finding

The Indiana Court of Appeals reversed the revocation of a woman’s probation after two judges ruled the probation condition at issue is ambiguous regarding whether and when she had to report an arrest while on probation for a charge that allegedly occurred before the probation began.

Court upholds convictions from controlled drug buys

The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.

COA orders man resentenced with credit time considered

Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.

Opinions March 30, 2015 ILD

Indiana Court of Appeals
S.B. v. C.B. (mem. dec.)
24A01-1405-DR-210
Domestic relation. Affirms trial court order granting father C.B. custody of children.

Nathan Ferguson and Deanna Ferguson v. Shiel Sexton Company, Inc. d/b/a Shiel Sexton; WR Dunkin & Son Inc.: Lynch Harrison & Brumleve, Inc.; Alt & Witzig Engineering et al (mem. dec.)
29A05-1401-CT-21
Civil tort. Majority of COA reverses summary judgment in favor of W.R. Dunkin & Sons and remands for proceedings. Judge Ezra Friedlander dissents.

Leroy D. Brown v. State of Indiana (mem. dec.)
22A01-1407-CR-333
Criminal. Affirms revocation of probation.

David R. Ulrich and Marcia K. Ulrich v. Brad R. Minear and Miranda G. Minear (mem. dec.)
92A05-1408-PL-363
Civil plenary. Affirms denial of the Ulrichs’ complaint for injunctive relief.

In the Matter of D.P. & C.H., Children Alleged to be Children in Need of Services, T.P. Mother v. The Ind. Dept. of Child Services (mem. dec.)
06A01-1408-JC-339
Juvenile. Affirms order determining that D.P. and C.H. are children in need of services.

Eric D. Smith v. The Marion County Prosecutor's Office, Terry R. Curry, John G. Baker, Margrett Robb, Justice May, Justice Mathias, Justice Sullivan, Sr., and The Indiana General Assembly (mem. dec.)
49A02-1406-MI-440
Miscellaneous. Affirms dismissal.

Louis Ridgeway v. Richard Jacobs (mem. dec.)
67A04-1409-SC-410
Small claims. Reverses $4,500 judgment in favor of Jacobs.

Taylor Baughn v. State of Indiana (mem. dec.)
33A01-1408-CR-368
Criminal. Affirms executed 13-year sentence for conviction of Class B felony aggravate battery.

Darrell Dewayne Carter v. State of Indiana (mem. dec.)
02A03-1403-CR-108
Criminal. Affirms in part, reverses in part and remands Carter’s 89-year executed sentence on convictions of Class A felony burglary, Class C felony disarming a law enforcement officer, Class A misdemeanor resisting law enforcement and finding of habitual offender. Remands to reduce sentence to 65 years executed, finding the nature of the offenses and Carter’s character do not warrant the maximum sentence.   

In Re: The Guardianship of A.M. v. Shapree Bailey v. Blanche Meriweather and Douglas Meriweather (mem. dec.)
46A03-1409-GU-328
Guardianship. Affirms the Meriweathers’ petition as grandparents to be appointed A.M.’s permanent guardians.

James D. Huffman v. State of Indiana (mem. dec.)
49A04-1409-CR-443
Criminal. Affirms denial of motion to produce documents.

Antonio D. Walker v. State of Indiana (mem. dec.)
10A01-1407-CR-295
Criminal. Affirms conviction of murder.

In the matter of the Donald L. Colbert Living Trust dated 5-27-2008 created by Settlor, Donald L. Colbert, Barbro Colbert v. Katherine Colbert Kraek (mem. dec.)
46A03-1408-TR-287
Trust. Affirms order providing for the interpretation of a living trust.  

 

Opinions March 30, 2015

Indiana Court of Appeals
In re: Indiana State Fair Litigation: Polet, et al. v. Mid-America Sound, et. al.
49A02-1404-CT-288
Civil tort. Majority reverses trial court order granting summary judgment in favor of the Indiana State Fair Commission on Mid-America Sound’s claim that its contract requires the commission to indemnify it against claims from the 2011 State Fair stage collapse that killed and injured patrons. The majority held the Indiana Tort Claims Act does not apply and there are genuine issues of material fact regarding the validity and enforceability of the indemnification agreement. Remands for trial. Chief Judge Nancy Vaidik dissented and would find the commission has immunity from Mid-America’s claims and that the Tort Claims Act applies.

Divided court lets stand suppression of pat-down evidence

Three of Indiana’s five Supreme Court justices vacated transfer on a suppression-of-evidence case, letting stand a divided Court of Appeals ruling that a trial court abused its discretion by admitting evidence obtained in a questionable pat-down search.

Metzger finishing ILS tenure this week

Norman Metzger will spend this week cleaning nearly 46 years of work from his desk at Indiana Legal Services before beginning his retirement.

Similar entrapment argument brings different COA ruling

Again faced with the question of whether a defendant had been entrapped by an undercover detective posing as a prostitute, the Indiana Court of Appeals affirmed the lower court, reaching a different conclusion than they had in a similar case a year earlier.