Court opinions

Indiana Court of Appeals
R.W. v. J.W.
19A-PO-02697
Protective order. Affirms the issuance of a permanent protective order against Rafer Weigel and the Porter Superior Court’s denial of his motion to dismiss the petition for an order of protection. Finds the trial court did not err by failing to transfer J.W.’s petition to Illinois and did not err by finding and concluding that sufficient evidence existed to support issuing a permanent order of protection in favor of J.W. Judge Terry Crone concurs in a separate opinion, arguing Weigel’s identity should not be hidden from the public.

Indiana Court of Appeals
Michael D. Williams v. State of Indiana
20A-CR-1209
Criminal. Reverses Michael Williams’ conviction in Wayne Superior Court of misdemeanor theft after he found and took money left at a grocery-store self-checkout station by a previous customer. Finds that Williams’ conduct does not constitute theft under the existing theft statute.

Indiana Court of Appeals
Pines of Greenwood, LLC and Arbor Homes, LLC v. The Village Pines at the Pines of Greenwood Homeowners’ Association, Inc. (mem. dec.)
20A-PL-373
Civil plenary. Affirms and reverses in part the Johnson Superior Court’s determination that The Village Pines at the Pines of Greenwood Homeowners’ Association incurred damages of more than $1 million. Finds dues are owed to the HOA, and the HOA is the party that has been damaged by Pines of Greenwood LLC and Arbor Homes LLC failing to pay assessments on unsold lots. Also finds that the trial court’s order on damages does not make clear how it arrived at the amount due and remands to either clarify how the court arrived at the amount ordered or correct the amount due for unpaid assessments. Finally, reverses the interest award and vacates the award of late fees, and remands for the trial court to recalculate interest and apply an 8% rate starting in November 2011.

Indiana Court of Appeals
John B. Larkin v. State of Indiana
19A-CR-2705
Criminal. Reverses John Larkin’s involuntary manslaughter conviction and two-year sentence. Concludes that the LaPorte Superior Court erred in instructing the jury on involuntary manslaughter. Remands with instructions to enter a judgment of acquittal and order that Larkin  be discharged.

Indiana Court of Appeals 

Stephanie J. Reagan v. State of Indiana

20A-CR-907

Criminal. Majority affirms Stephanie Reagan’s conviction of Level 6 felony possession of cocaine and Class C misdemeanor possession of marijuana based on evidence obtained in part by a strip search as she was being processed in the Marion County Jail. Judge Leanna Weissmann dissents and would find the state failed to prove the strip search was reasonable under Article I, Section 11 of the Indiana Constitution. She would reverse the judgment based on the admission of the evidence and remand for proceedings.

Indiana Court of Appeals
State of Indiana v. Axel Domingo Diego
20A-CR-227
Criminal. Affirms on rehearing the grant of Axel Diego’s motion to suppress his statement to police. Grants the motion for rehearing in order to clarify that the State’s appeal is a discretionary interlocutory appeal brought pursuant to subsection 6 of Indiana Code Section 35-38-4-2. Remands to the Case Circuit Court for proceedings. Judge Nancy Vaidik concurs in result with separate opinion.

Indiana Court of Appeals
IPL Industrial Group, et al. v. Indianapolis Power and Light Company, et al.
20A-EX-800
Agency. Affirms the Indiana Utility Regulatory Commission’s order approving Indianapolis Power & Light Company’s proposed plan involving $1.2 billion in system investments over a seven-year period. Holds that the commission properly admitted IPL’s work papers by administrative notice; the commission properly determined that the costs of the eligible improvements included in the Proposed Plan are justified by their incremental benefits; and the commission’s findings are sufficiently specific to enable appellate review of its decision.

Indiana Court of Appeals
State of Indiana v. Justin Jones
20A-CR-00664
Criminal. Affirms the Marion Superior Court’s order that the state produce a confidential informant for an interview with Justin Jones’ counsel. Finds that the state did not meet its burden to demonstrate that the CI’s identity would be revealed. Concludes that the trial court did not abuse its discretion when it granted Jones’ motion to compel.