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Opinions Feb. 21, 2020

Indiana Court of Appeals
Jarmone Darrell Davis v. State of Indiana
19A-CR01925
Criminal. Affirms and reverses in part Jarmone Davis’ convictions of Level 5 felony corrupt business influence, Level 2 felony conspiracy to commit dealing in a narcotic drug of 10 grams or more and Level 2 felony conspiracy to commit dealing in methamphetamine of at least 10 grams or more, and his 36-year executed sentence. Finds sufficient evidence to sustain Davis’ conspiracy convictions, and finds those convictions do not violate double jeopardy principles under the actual evidence test. However, finds inappropriate and thus reverses Davis’ consecutive sentences for his Level 2 felony conspiracy to commit dealing convictions. Remands to the Tippecanoe Superior Court to issue a new sentencing order consistent with the opinion.

CHINS statutory deadline overridden by trial rule

| Marilyn Odendahl

In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.

Holcomb orders steps on Lake Michigan shoreline erosion

| Dave Stafford

As the Great Lakes continue to rise to record levels and the Indiana shoreline of Lake Michigan continues to erode and put at risk nearby homes, roads and infrastructure, Gov. Eric Holcomb on Thursday took official action that may be a catalyst for a future disaster declaration.

Opinions Feb. 20, 2020

Indiana Court of Appeals
Jason Pfledderer and Walking With Jesus Ministries v. DeParris Pratt
19A-SC-1723
Small claims. Reverses the judgment of the St. Joseph Superior small claims court in favor of DeParris Pratt on his claim of wrongful ejectment against Jason Pfledderer and Walking With Jesus Ministries after Pratt was barred from continuing to live in a ministry-operated residence. Holds the ministry falls under an exception to Indiana’s landlord-tenant statutes. Remands with instructions to enter judgment for Pfledderer and the ministry.