Opinions

Indiana Court of Appeals
Trenton A. Whitaker-Blakey v. State of Indiana
24A-CR-1191
Criminal. Affirms Delaware Circuit Court Judge Douglas K. Mawhorr’s judgment finding Trenton Wahitaker-Blakey guilty of Level 6 felony intimidation. Finds there is sufficient evidence to support Whitaker-Blakey’s conviction. Also finds that Whitaker-Blakey’s use of a racial slur while wearing a white sheet on his head demonstrated a clear intent to communicate a threat to Officer Erin Phillips, who was a law enforcement officer. Attorney for appellant: Scott Mandarich. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Megan Smith.

Indiana Court of Appeals
Denise Paul Hatch, Constable of the Center Township of Marion County Small Claims Court v. The Honorable Brenda A. Roper, Judge of the Center Township of Marion County Small Claims Court
24A-PL-1375
Civil plenary. Dismisses s Constable of Marion County’s Center Township Small Claims Court Denise Hatch’s appeal of Marion Superior Court Judge Kurt Eisgruber’s judgment in favor of Judge Brenda Roper regarding Roper’s appointment of special constables to carry out Hatch’s duties. Finds that Hatch has since been removed from her public office by operation of law and her appellate claims are therefore moot. Also finds that though there exists a public interest exception to the mootness doctrine, it is inapplicable here because circumstances of Hatch’s case are unusual enough that they are not likely to recur. Attorney for appellant: Andrea Ciobanu. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Evan Comer.

Indiana Tax Court
Madison County Assessor v. Kohl’s Indiana, LP
24T-TA-9
Tax. Finds the Indiana Board of Tax Review did not adequately explain its findings and conclusions to allow the tax court to properly review its decision. Also finds the board determined that the Madison County Assessor’s appraisal of Kohl’s Anderson property  is sufficient to meet the burden of proof and establish the true tax value of the subject property, but did not provide the facts or rationale for its conclusion. Remands the case to the board for further explanation of its findings of fact and ultimate conclusion. Attorneys for petitioner: Marilyn Meighen, Brian Cusimano, Zachary Price. Attorneys for respondent: Abraham Benson, Brent Auberry, David Suess, Brigham Michaud.

Indiana Court of Appeals
Jaylin J. Smith v. State of Indiana
24A-CR-204
Crimnal. Affirms Tippecanoe Superior Court Judge Steven Meyer’s denial of Jaylin Smith’s motion to exclude evidence or, alternatively, to continue his trial. Finds the record indicates the state timely and adequately provided Smith with the evidence it intended to introduce at trial. Also finds that despite the less severe remedy of a continuance being advocated for by Smith’s final trial counsel, the trial court was within its discretion to deny it. Attorney for appellant: Timothy Broden. Attorneys for appellees: Attorney General Todd Rokita, Supervising Deputy Attorney General Justin Roebel.

Indiana Court of Appeals
M.S. v. State of Indiana
24A-JV-715
Juvenile. Affirms Marion Superior Court Judge Stephen Creason and Magistrate Pauline Beeson’s adjudication of M.S. as a delinquent child for dangerous possession of a firearm, a Class A misdemeanor. Finds that to the extent that M.S. asserts on appeal that he had a parent’s permission to possess the firearm, he presented no evidence at the adjudication hearing proving that exemption. Also finds M.S. makes no other sufficiency challenges to the adjudication. Attorneys for appellant: Talisha Griffin, Deborah Markisohn. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Alexandria Sons.

Indiana Court of Appeals
Krista Dorsett v. Indiana American Water Company, Inc.
24A-CT-338
Civil tort. Reverses Clark Superior Court Judge Kyle Williams’s order order granting summary judgment to Indiana-American Water Company, Inc. on Krista Dorsett’s premises liability claim, which arose from the alleged negligent maintenance of a lid to a water meter pit on her private residential property.  Finds that the limitation of liability provisions in the tariff do not extend to Dorsett’s premises liability claim. Remands for further proceedings on the complaint. Attorney for appellant: J. David Agnew. Attorney for appellee: Charles Walker.

7^th Circuit Court of Appeals
United States of America v.  Devontae Martin
23-3086
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Phillip Simon. Affirms Devontae Martin’s life sentence for his role in a July 2017 federal drug offense in which a fellow drug dealer shot and killed a local car wash owner believed to possess a substantial stash of cocaine. Finds the district court did not construe the sentencing guidelines generally or specifically as limiting its discretion to sentence Martin to something less than life imprisonment. Also finds that the district court did not sentence Martin based on inaccurate information. Attorneys for the U.S. Attorney’s Office in Hammond: Philip Benson, Joseph Cooley, Thomas Mahoney, Joel Mathur, Thomas McGrath, David Nozick, Caitlin Padula, Kimberly Schultz. Attorneys for the defendant: Mark Psimos, Thomas Patton, Matthew Fech.

Indiana Court of Appeals
Christopher Delgado v. State of Indiana
24A-CR-708
Criminal. Affirms Porter Superior Court Judge Mary DeBoer’s allowance of the state to play the post-arrest video for the jury in Christopher Delgado’s case. Finds the trial court did not abuse its discretion in allowing the video to be shown. Reverses Delgado’s conviction for resisting law enforcement as a Class A misdemeanor. Finds the conviction violates Indiana’s protection against double jeopardy. Remands to the trial court with instructions to vacate this conviction. Reverses Delgado’s conviction for false informing as a Class A misdemeanor. Finds the state did not present sufficient evidence to support Delgado’s conviction for false informing. Remands with instructions for the trial court to vacate that conviction and enter judgment of conviction and sentence Delgado on one count of false informing as a Class B misdemeanor. Finally, finds the bad reputation & influence condition is unconstitutionally vague, and the inmate and driver’s license conditions are not reasonably related to the goals of probation. Reverses and remands with instructions for the trial court to clarify all three of these conditions with greater specificity. Attorney for appellant: James Harper. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Megan Smith.

Indiana Court of Appeals
A.F. v. State of Indiana
24A-JV-1326
Juvenile. Reverses the Vanderburgh Superior Court juvenile court’s order that granted A.F.’s  wardship to the Indiana Department of Correction. Judge Gary Schutte and Magistrate Renee Ferguson presided in the case. Finds that the juvenile court abused its discretion when it granted A.F.’s wardship to the Department of Correction without ordering or considering a statutorily required predispositional report. Remands with instructions for the juvenile court to order the preparation of a predispositional report and to consider that report when redetermining A.F.’s disposition. Attorney for appellant: John Worman. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Kathy Bradley.

Indiana Court of Appeals
MED-1 Solutions, LLC, et.al. v. Jennifer Taylor and Health Care Claims Management Inc.
24A-PL-450
Civil plenary. Affirms Marion Superior Court Judge Heather Welch’s denial of the RevOne Companies’ motion for preliminary injunction against a former employee, Jennifer Taylor, from working for a competitor based on several non-competition agreements Taylor executed during her employment. Finds that where an at-will employee signs a non-competition agreement as a condition of their hiring and is later told to sign a new non-competition agreement or they will be fired, the employee’s continued employment can serve as consideration for the latter agreement. Also finds RevOne failed to demonstrate that Taylor took or threatened to take their confidential information. Finally, finds the trial court did not err in concluding that RevOne failed to show a reasonable likelihood of success on their claim that Taylor breached the non-disclosure provision. Attorneys for appellants: Sean White, Ian Keeler. Attorneys for appellees: Daniel Burke, Ryan Hurley, Brian Paul, Elizabeth Charles.

7^th Circuit Court of Appeals
United States of America v. Clarence Bonds
24-1576
Criminal. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon Leichty. Affirms the district court’s denial of Clarence Bonds’ motion under 18 U.S.C. § 3582(c)(2) for a sentence reduction of his 71-month sentence for transporting a firearm in interstate commerce as a felon based on Amendment 821 to the U.S. Sentencing Guidelines. Finds no abuse of discretion. Also finds the court is divided on the question of divided on whether § 3006A permits a court to appoint counsel at public expense— whether in an individual case or through a general order—for defendants like Bonds who are seeking a reduction of their sentences under 18 U.S.C. § 3582. Attached to the opinion are three separate opinions in which each judge explains his view. Attorneys for appellant: Thomas Patton, Attorney, Office of the Federal Public Defender, Peoria, Colleen McNichols Ramais, Office of the Federal Public Defender, Urbana. Attorney for appellee: David Hollar, Office of the United States Attorney, Hammond.

Indiana Court of Appeals
Corby J. Lee v. State of Indiana
24A-CR-1119
Criminal. Affirms Corby Lee’s a conviction and sentence for murder in Allen Superior Court during a jury trial presided over by Judge Frances Gull. Finds that Lee has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character. Also finds the trial court did not abuse its discretion in rendering its sentence. Attorney for appellant: Jamie Egolf. Attorneys for appellees: Attorney General Todd Rokita, Deputy Attorney General Jodi Kathryn Stein.

Indiana Court of Appeals
In Re: the Matter of K.W., A Child Alleged to Be a Delinquent Child, C.A. (Mother) v. State of Indiana
23A-JV-2040
Juvenile. Reverses the Lawrence Circuit Court’s juvenile problem-solving court’s order placing C.A. on house arrest and ordering her to spend time in jail. Finds the statutes defining problem-solving courts do not give the JPSC the authority to deprive the mother of her liberty without following statutory process for holding her in indirect contempt of court. Also finds that while the mother could have waived her right to due process prior to deprivation of her liberty, the record before us does not demonstrate she knowingly waived her rights. Judge Nathan Nikirk, and Juvenile Referee Anah Gouty presided in the case. Attorney for appellant: Daniel Dixon. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Megan Smith.

Indiana Court of Appeals
James Emslander v. Jaclyn Baine
24A-DC-1138
Domestic relations with children. Reverses Kosciusko Superior Court Judge Karin McGrath’s order granting Jaclyn Baine’s petition to relocate her residence with her two minor children. Finds the appellate court agrees with James Emslander, the father, that, under the facts and circumstances of this case, his technical noncompliance with the statute is insufficient to support the relocation order. Also finds it is a fundamental tenet of family law that all matters of child custody, including relocation, turn on the best interests of the children. Attorney for appellant: Elizabeth Deckard. Attorney for appellee: Andrew Grossnickle.

7th Circuit Court of Appeals:
K.C., et al. v. Individual Members of the Medical Licensing Board of Indiana, et al.
23-2366
Civil. Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon. Reverses the district court’s order and vacates its injunction against Indiana law that prohibits physicians from providing gender affirming surgeries or medication to minors. Finds the appellees “must take their grievance to the people of Indiana -not the courts.” Also finds the district court erred by entering the preliminary injunction. Remands for further proceedings consistent with the opinion. Judge Candace Jackson-Akiwumi dissents with a separate opinion. The appellees’ attorneys: Kenneth Falk, Gavin Rose, Chase Strangio, Stevie Pactor, and Harper Samuel Seldin with the American Civil Liberties Union of Indiana. The appellants’ attorneys: Corrine Lorraine Youngs, James Barta and Katelyn Doering with the Office of the Attorney General.

Indiana Court of Appeals
Ronald E. Davidhizar v. City of Goshen, Indiana
23A-PL-2921
Civil plenary. Affirms Elkhart Circuit Court Judge Michael Christofeno’s order denying Ronald Davidhizar’s complaint for judicial review of the demolition order entered by the City of Goshen. Finds that Davidhizar’s complaint for judicial review was untimely filed. Appellant’s attorney: John William Davis, Jr.; Appellee’s attorney: Donald Shuler.

Indiana Court of Appeals 

In Re the Adoption of K.B. & H.F. (Minor Children), J.B. v. Ji.K. and Je.K.

23A-AD-2996

Adoption. Reverses Allen Superior Court Judge Lori Morgan’s determination that J.B.’s consent was not necessary for the adoption of K.B. and H.F. to Ji.K. and Je.K. Also reverses the grant of the foster parents’ petitions to adopt the children. Finds the trial court clearly erred. Appellant’s attorneys: Rex Patterson and Danielle Swan with Patterson Law LLC. Appellees’ attorney: Thomas Allen.

Indiana Court of Appeals
State of Indiana v. James W. Baker Jr. 

24A-CR-914

Criminal. Reverses Hamilton Superior Court Judge William J. Hughes’ grant of James Baker Jr.’s motion to suppress. Appeals court is not persuaded that Brown v State requires suppression of evidence in this case. Remands for proceedings consistent with the opinion. Judge Paul Mathias dissents in a separate opinion. Appellant’s attorneys: Indiana Attorney General Todd Rokita and Supervising Deputy Attorney General Caroline Templeton. Appellee’s attorney: James Crum with Coots, Henke & Wheeler P.C.