Court opinions

Valonte Deshoun Smith v. State of Indiana (mem. dec.)
19A-CR-2333
Criminal. Affirms Valonte Smith’s aggregate 12-year sentence for conviction of Level 3 felony rape. Finds the Madison Circuit Court did not abuse its discretion in denying admission of certain evidence. Finds Smith has failed to meet his burden that the deputy prosecutor committed misconduct and that the trial court did not abuse its discretion in instructing the jury. Also finds sufficient evidence to support the conviction, that Smith did not receive ineffective assistance of counsel and that his sentence is not inappropriate.

Indiana Court of Appeals
Mary Eve Kassen Moriarty v. Cathereine C. Moriarty, et al.
19A-PL-02342
Civil plenary. Affirms the Hamilton Superior Court’s order entering judgment in favor of daughters Catherine C. Moriarty and Paula A. Bowers against Mary Eve Kassen Moriarty on their claim to reject the probate of the purported last will and testament of William J. Moriarty on the basis of lack of testamentary capacity and/or undue influence and on their claim of tortious interference with inheritance. Finds the trial court did not abuse its discretion by permitting the daughters to reopen their case-in-chief. Finds the trial court’s legal conclusions that the purported will is invalid and its conclusions regarding tortious interference with inheritance are not clearly erroneous.

Indiana Supreme Court
In The Matter of Steven T Fulk
19S-DI-00277
Attorney discipline. Disbars Indianapolis attorney Steven Fulk effective immediately after finding that he committed attorney misconduct by neglecting a client’s case, converting an employee’s tax withholdings for his personal use, and failing to cooperate with the disciplinary process.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday
USA v. Terrance Brasher
18-1997
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Terrance Brasher’s sentence of life in prison for conviction of engaging in a conspiracy to distribute narcotics. Finds no merit to any of Brasher’s arguments against his conviction and sentence, including that there was a fatal variance between the conspiracy as charged and the proof at trial, among others.

Indiana Court of Appeals
Christal Trowbridge v. In re the Estate of Everett Thomas Trowbridge, Michael T. Trowbridge
19A-ES-3022
Estate. Reverses the Clark Circuit Court’s refusal to probate the will of Christal Trowbridge’s ex-husband, Everett Thomas Trowbridge. While affirming the probate court’s conclusion that Everett’s estate is entitled to the presumption that Trowbridge destroyed his will with the intent to revoke it, agrees with Christal that the court did not engage in the proper analysis to determine whether she rebutted that presumption. Remands on that issue with instructions for the court to issue a new order applying the correct analysis.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
7th Circuit Court of Appeals
Erin Johnson v. Enhanced Recovery Company, LLC
19-1210 & 19-1334
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s entry of summary judgment for Enhanced Recovery on Erin Johnson’s class-action complaint seeking damages under the Fair Debt Collection Practices Act. Finds Johnson failed to present any evidence other than her own opinions that a letter sent by ERC was misleading. Affirms on cross-appeal the district court’s denial of ERC’s prior motion to dismiss, finding denial was proper because the court found Johnson had presented a plausible claim.