Court opinions

Indiana Court of Appeals
Treyburn Lakes Homeowners Association, Inc. v. Solomon L. Scott, et al.
25A-CC-646
Civil collections. Reverses the Marion Superior Court’s order where the court refused to include the Treyburn Lakes Homeowners Association, Inc.’s prior attorney fees in the foreclosure decree against Solomon Scott and reduced the association’s request for attorney fees in the foreclosure action itself from $5,754 to $1,424 without conducting a hearing. Finds the trial court abused its discretion by excluding from the foreclosure judgment the amounts for attorney fees and costs awarded in prior judgments that were secured by the association’s lien that was being foreclosed. Also finds the trial court also abused its discretion when it awarded only 20% of the association’s attorney fees and costs associated with the current foreclosure proceeding without conducting a hearing. Remands with instructions for the trial court to: (include unpaid attorney-fee and costs awards from prior judgments in the foreclosure decree and  conduct a hearing at which the parties may present evidence about the reasonableness of the attorney fees requested by the association for this foreclosure proceeding. Attorney for appellant: Zachary Cronkhite. No attorney listed for appellee.

Indiana Court of Appeals
Adil Rafiq v.State of Indiana
25A-CR-269
Criminal. Affirms Adil Rafiq’s convictions in Marion Superior Court of of Level 1 felony child molesting1 and Level 4 felony child molesting, as well as his aggregate sentence of 25 years. Finds Rafiq’s child molesting convictions did not subject Rafiq to double jeopardy, and his 25-year sentence is not inappropriate in light of the nature of his offenses and his character. Attorney for appellant: Josiah Swinney. Attorneys for appellee: Attorney General Todd Rokita, Samuel Dayton.

Indiana Court of Appeals
Harold E. Chastain v. State of Indiana
25A-XP-1105
Expungement. Affirm the Elkhart Superior Court’s s denial of Harold Chastain’s motion to amend his expungement petition. Finds that Chastain’s request to supplement his January 2021 petition to expunge the records from case number FC-75 was not permitted under Indiana Code section 35-38-9-9(k). Attorney for appellant: David Wemhoff. Attorneys for appellee: Attorney General Todd Rokita, Ian McLean.

Indiana Tax Court
Ovidiu Ciceu v. Knox County Assessor
24T-TA-16
Tax. Affirms the Indiana Board of Tax Review’s reduction of Ovidiu Ciceu’s 2023 property tax assessment from $153,600 to $111,000. Finds that the board made no reversible error, properly applied the law, and correctly considered the evidence. Also rejects as untimely two arguments raised by Ciceu for the first time in his reply brief and denies the Knox County Assessor’s motion to strike portions of Ciceu’s reply brief.

Indiana Court of Appeals
Anthony J. Giger, et al. v. Joshua L. Hogue
25A-PL-448
Civil plenary. Affirms the Brown Circuit Court’s denial of Anthony Giger and his wife’s request for a permanent injunction that would have required Joshua Hogue to remove five speed bumps he installed on an access easement road. Finds that the trial court did not abuse its discretion in denying the Gigers’ request for a permanent injunction. Also deny Hogue’s request for appellate attorneys’ fees. Attorney for appellants: Roger Young. Attorneys for appellee: Hamish Cohen, Jeffrey Furminger.

Indiana Court of Appeals
Karen Guilford v. Edward Guilford
24A-DC-1587
Domestic relations with children. Affirms the Dearborn Circuit Court’s property division and its division of Dogecoin, a Mercedes, and life insurance policies in the dissolution of Edward and Karen Guilford’s marriage. Finds the trial court’s property division methodology was permissible under Roetter, and its specific asset valuations represented credibility determinations supported by competent evidence. Reverses the trial court’s determinations of the wife’s income, the award of rehabilitative maintenance, and the award of attorney fees. Finds the trial court erroneously imputed income to the wife at a level unsupported by the evidence and then relied on that erroneous level of income when it determined the issues of rehabilitative maintenance and attorney fees. Remands for the trial court to enter a new order on those issues without hearing any new evidence or argument from the parties. Attorney for appellant: Elizabeth Dodd. Attorney for appellee: Jenna Rohrig.

Indiana Court of Appeals
GSE Realty LLC, Gordon D. Emmert and Stacey I. Emmert v. Leslie R. Miller
25A-PL-669
Civil plenary. Reverses the Parke Circuit Court’s grant of a prescriptive easement to Leslie Miller regarding the gravel driveway beyond Point A as shown on Figure 3 (Exhibit M). Affirms the remaining prescriptive easement awarded by the trial court to Miller. Finds the Emmerts have failed to demonstrate that the trial court’s grant of a prescriptive easement on the remaining property at issue here is clearly erroneous. Remands and the appellate court does not address the Emmerts’ argument regarding the particularity of the permanent injunction awarded to Miller. Attorney for appellants: Glen Koch II. Attorneys for appellee: William Gooden, Kristin McKinney, Jennifer Perry.

Indiana Court of Appeals
Club Newtone, Inc., and Marc Vaughn v. Jarissa Gillaspy
24A-CT-1239
Civil tort. Affirms a Tippecanoe Circuit Court’s jury $2.5 million damages  award in favor of Jarissa Gillaspy after she filed a lawsuit alleging Marc Vaughn and Club Newtons Inc.’s federal counterclaims constituted malicious prosecution and abuse of process. Finds The trial court did not abuse its discretion in admitting certain testimony. Also finds sufficient evidence supports the jury’s verdict, and the award is not excessive. Attorneys for appellants: Ryan Munden, S. Kyle Dietrich. Attorney for appellee: Duran Keller.

Indiana Court of Appeals
In the Matter of M.L. (Minor Child) and A.L. (Mother) v. Indiana Department of Child Services and Kids’ Voice of Indiana
25A-JC-399
Juvenile CHINS. Affirms the Marion Superior Court’s e CHINS adjudication of M.L. Finds that evidence established that the coercive intervention of the court is necessary until the mother demonstrates her ability to provide appropriate care for the child’s special medical needs over an extended period of time. Also finds the trial court was reasonably concerned about the mother’s long-term ability to meet the child’s medical and nutritional needs given her historical inability to do so. Attorney for appellant: Sarah Medlin. Attorneys for appellee: Attorney General Todd Rokita, Abigail Recker.

Indiana Court of Appeals
In the Matter of E.K., a Child in Need of Services, and R.J. (Mother) v. Indiana Department of Child Services
25A-JC-703
Juvenile CHINS. Reverses the Lawrence Circuit Court’s ruling that E.K. is a child in need of services. Finds the trial court committed reversible error by considering and relying on the substantive facts contained in the Juvenile Problem Solving Court’s orders. Attorneys for appellant: Daniel Dixon, Patrick Smith. Attorneys for appellee: Attorney General Todd Rokita, David Corey.

Indiana Court of Appeals
Emily Winchester v. Zackery Winchester
25A-DC-1199
Domestic relations with children. Reverses the Allen Superior Court’s decision that Indiana may not exercise jurisdiction over custody matters under the Uniform Child Custody Jurisdiction Act and the court’s order to return Emily and Zackery Winchester’s two minor children to the United Kingdom under the Hague Convention. Finds there is no indication the father has initiated a court proceeding in any state or federal court under the Hague Convention or received an order directing the children’s return. Also finds the mother has shown prima facie error in the trial court’s judgment granting the ICACU application and ordering the children’s return under the Hague Convention. Remands for further proceedings. Attorneys for appellant: Suzanne Wagner, Katherine Geist. No attorney listed for appellee.

Indiana Court of Appeals
Brent Thomas Wills v. State of Indiana
24A-CR-1453
Criminal. Affirms Brent Wills’ convictions in Tippecanoe Superior Court  of two counts of operating while intoxicated causing death as Level 4 felonies and one count of operating while intoxicated causing serious bodily injury as a Level 5 felony. Also affirms Wills’ 28- year aggregate sentence. Finds that the trial court did not abuse its discretion and that Wills’ sentence is not inappropriate. Also finds that no compelling evidence exists justifying a revision of Wills’ sentence. Senior Judge John Baker dissents with separate opinion. Attorneys for appellant: James Voyles, Tyler Helmond. Attorneys for appellee: Attorney General Todd Rokita, John Oosterhoff.

Indiana Court of Appeals
Pioneer Oil Company, Inc. v. ECC Bethany, Inc., et al.
24A-PL-2878
Civil plenary. Affirms the Vanderburgh Superior Court’s dismissal of Pioneer Oil Company’s lawsuit suit against GCC and ECC seeking damages and a permanent injunction based on claims of trespass, conversion, and civil conspiracy. Finds Pioneer does not have an exclusive right to the underground gas flowing between the two parcels and thus its conversion claim must fail. Also finds the defendants’ operations accessing the slope on the GCC Leasehold Parcel do not constitute a trespass. Attorneys for appellant: Andrew Hull, Michael Limrick, Christopher Wagner. Attorneys for appellees: Christopher Schaefer, Kristen Hahn.

Indiana Court of Appeals
Ricky D. Greene v. Jeffrey Greene, as Co-Trustee of the Trusts Created Under Agreement by the Settlors Wilma Greene and Vyrell Greene
25A-TR-1141
Trust. Affirms the Ripley Circuit Court’s removal of Ricky Greene as a co-trustee of the trust, conclusion that Ricky and Jeffrey Greene should be responsible for their respective attorney’s fees, the court’s conclusion that the farm could not be liquidated pursuant to the provisions of the trust, and finding that operation of the Indiana Prudent Investor Rule did not permit a sale of the farm. Finds any general language regarding trustee discretion and asset management must be read as operating within the specific limitation that the farm must remain trust property until the trust’s dissolution. Attorney for appellant: H. Curtis Johnson. Attorney for appellee: William Jenner.

Indiana Court of Appeals
Samuel C. Arp, II v. Indiana State Police
24A-PL-2694
Civil plenary. Affirms the Marion Superior Court’s granting of the Indiana State Police defendants’ motion for summary judgment on all of Samual Arp’s claims and denial of Arp’s motion for summary judgment on his claims for unlawful termination of employment, breach of contract, unlawful termination of benefits, breach of fiduciary duty, and due process violations against ISP, as well as his claim for specific performance of the trust agreements, namely, reinstatement of his long-term disability benefits and credit for years of service. Finds that the designated evidence establishes that Arp was an employee with ISP and therefore subject to ISP rules and regulations and the requirements of Section 12 and Regulation 6. Also finds that there are no genuine issues of material fact and that ISP defendants are entitled to judgment as a matter of law on Arp’s claims for breach of contract, breach of fiduciary duty, violation of procedural due process, and request for specific performance. Attorneys for appellant: A. Scott Chinn, Brian Paul, Stephanie Gutwein, Matthew Griffin. Attorneys for appellee: Attorney General Todd Rokita, Evan Comer, Steven Hosler.

Indiana Court of Appeals
Jeremiah R. Mitchell v. State of Indiana
25A-CR-1322
Criminal. Affirms the Washington Superior Court’s denial of Jeremiah Mitchell’s motion to modify the terms of his probation. Finds that that Mitchell’s reliance on Indiana Code § 35-38-2-1.8 is misplaced and does not provide him with a procedural mechanism to challenge the continuation of the no contact orders as a term of his probation. Attorney for appellant: Ryan Bower. Attorneys for appellee: Attorney General Todd Rokita, Samuel Dayton.

Indiana Court of Appeals
Steven R. Peabody, et al v. State of Indiana Office of the Secretary of State Securities Division
25A-MI-135
Civil miscellaneous. Affirms the Marion Superior Court’s denial of VoCare, Inc. employees’ motion to quash a subpoena from the Indiana Secretary of State Securities Division seeking those employees’ personal bank records from PNC Bank. Finds that because the employees’ challenges under both the Fourth and Fifth Amendments fail, the trial court’s denial of the motion to quash was not an abuse of discretion. Attorneys for appellants: Anthony Holton, Joseph Simms. Attorneys for appellee: Attorney General Todd Rokita, Benjamin Jones, Robert Yoke.

Indiana Court of Appeals
State of Indiana v. Kinshasha Johnson
24A-CR-2146
Criminal. Reverses the Tippecanoe Superior Court’s order granting Kinshasha Johnson’s motion to dismiss charges of Level 4 felony unlawful possession of a firearm by a serious violent felon and Level 5 felony unlawful carrying of a handgun. Finds that the trial court abused its discretion in dismissing the unlawful carrying a handgun charge on the grounds that the Illinois conviction was not substantially similar to an Indiana offense. Also finds the trial court abused its discretion in dismissing the two charges because both had been sufficiently pled to apprise Johnson of the allegations against him and constituted crimes under the Indiana criminal code. Remands for further proceedings. Attorneys for appellant: Attorney General Todd Rokita, Courtney Staton. Attorney for appellee: Shay Hughes.

Indiana Court of Appeals
Philip K. Brown, et al. v. The Charles Sturdevant Post of the American Legion Post #46, et al.
25A-PL-513
Civil plenary. Affirms the Tipton Circuit Court’s denial of the Browns’ motions for summary judgment and the court’s granting of the American Legion Post 46’s motion for summary judgment, finding the Legion acquired a parcel of land behind its building in Tipton by adverse possession. Finds the trial court did not err in granting the Legion’s motion for summary judgment and any error in denying the Browns’ motion to strike to be harmless. Attorney for appellants: Zechariah Yoder. Attorneys for appellees: Gregory Schrage, Peter  Hutson.

Indiana Court of Appeals
Antoinette McNary v. State of Indiana
25A-CR-781
Criminal. Reverses Antoinette McNary’s conviction in Marion Superior Court for resisting law enforcement. Finds there is insufficient evidence that McNary forcibly resisted, obstructed, or interfered with the arresting officer in the course of his lawful enforcement duties. Remands with instructions for the trial court to enter a judgment of acquittal. Attorneys for appellant: Talisha Griffin, Timothy Burns. Attorneys for appellee: Attorney General Todd Rokita, Jennifer Anwarzai, certified legal intern Gabriela Alvarez.