Court opinions

Indiana Court of Appeals
State of Indiana v. Emmanuel Torres, et al.
20A-CR-943
Criminal. Reverses the grant of Ramon Sanchez’s and Emmanuel Torres’ motions to suppress evidence in Clinton Superior Court obtained after their vehicles were stopped for failing to use their turn signals for at least 200 feet before turning at a stop sign. Finds that Sanchez’s and Torres’ failure to signal a turn until they reached a stop sign was enough for Frankfort officer Kaleb Thompson to establish a reasonable belief that Indiana Code § 9-21-8-25 had been violated. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.

Indiana Court of Appeals
Nathan C. Albrecht v. State of Indiana
20A-CR-945
Criminal. Affirms the denial of Nathan Albrecht’s motion to suppress evidence found that led to the state of Indiana filing 10 counts of child pornography against him. Finds that the issuing judge had a substantial basis for finding that probable cause existed for the second search warrant and that the second search warrant was particularized in terms of the items to be seized and in terms of the scope of the search to be performed.

7^th Circuit Court of Appeals
Linda Gunn and Christopher Gunn v. Thrasher, Buschmann & Voelkel, P.C.
19-3514
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Vacates the Indiana Southern District Court’s judgment dismissing a complaint brought by Linda and Christopher Gunn and remands the case with instructions to dismiss for want of subject matter jurisdiction. Finds that the Gunns do not contend that the contested sentence in the defendant’s dunning letter caused them any concrete harm.

Indiana Court of Appeals
Willard G. Merkel v. State of Indiana
20A-CR-1475
Criminal. Affirms the denial of Willard G. Merkel’s petition to modify his 12-year sentence for conviction of Level 4 felony possession of a firearm by a serious violent felon. Finds the Carroll Circuit Court did not abuse its discretion and Merkel’s reliance on Supreme Court orders directing trial courts to review sentences of nonviolent inmates due to COVID-19 is misplaced.

Indiana Court of Appeals
Evan D. Wilford v. State of Indiana (mem. dec.)
20A-CR-1305
Criminal. Affirms the Vigo Superior Court’s order that Evan Wilford serve the balance of his previously suspended sentence following the court’s revocation of his probation. Finds the trial court did not abuse its discretion in making its order.

The following Indiana Supreme Court opinion was posted after IL deadline on Wednesday:
Clinton Loehrlein v. State of Indiana
20S-CR-376
Criminal. Affirms Clinton Loehrlein’s murder and attempted murder convictions and the the Vanderburgh Circuit Court’s finding that he was not insane at the time he murdered his wife and attempted to kill his daughters. Finds that the attorney juror in his trial did commit gross misconduct by falsely answering a juror questionnaire, but that given the facts and circumstances of the case, including the strong evidence of Loehrlein’s sanity, it is not likely he was harmed.

Indiana Supreme Court
In the Matter of Michael A. Blickman
18S-DI-553
Attorney discipline. Issues a public reprimand to attorney Michael A. Blickman. Finds Blickman violated Indiana Rules of Professional Conduct 1.1 and 8.4(d) through efforts to “silence” a child solicitation victim and her family. Also finds the Indiana Supreme Court Disciplinary Commission failed to sustain its burden of proof on the remaining charges. Justice Geoffrey Slaughter concurs in part and dissents in part with separate opinion.

Indiana Court of Appeals
Lora Brenner and Shawn Brenner v. Ignacio Chavez, et al. (mem. dec.)
20A-CC-538
Civil collection. Affirms the Delaware Circuit Court’s dismissal of Lora and Shawn Brenner’s claims against Ignacio Chavez. Finds that although Chavez failed to establish that he was an employee of the LLC, the trial court lacked jurisdiction over the Brenners’ claims. Thus, finds that the trial court properly granted Chavez’s amended motion to dismiss Counts II, IV and VI of the Brenners’ second amended complaint.