Opinions

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Keyaunna Hurley v. State of Indiana
49S05-1705-CR-346
Criminal. Reverses the suspension of Keyaunna Hurley’s driving privileges. Finds the procedures for administering a chemical breath test required a second test on this record after Hurley’s first test produced an insufficient sample. Also finds unless a subject clearly manifests an unwillingness to submit to a chemical breath test, Title 260, Section 2-4- of the Indiana Administrative Code requires law enforcement to administer a second test if the first returns an “insufficient sample” message.

Indiana Court of Appeals
Latorrea Denise Ware v. State of Indiana
20A03-1610-PC-2297
Post conviction. Affirms the denial of Latorrea Denise Ware’s petition for post-conviction relief. Finds Ware did not receive ineffective assistance of trial counsel because had her counsel moved to suppress evidence seized by officers who had entered her home with a valid warrant but without first clearly announcing their presence, the motion would not have been successful.

Indiana Court of Appeals
McKinley, Inc a/k/a McKinley Associates, Inc. d/b/a Summer Wood Apartment Homes v. Michelle Skyllas
45A05-1612-CT-2853
Civil tort. Reverses the Lake Superior Court’s grant of Michelle Skyllas’ motion to correct error, which sat aside the trial court’s prior grant of summary judgment to McKinley, Inc., a/k/a McKinley Associates, Inc., d/b/a Summer Wood Apartment Homes, and the trial court’s grant of Skyllas’ motion to withdraw and amend admissions. Finds Skyllas did not establish she was entitled to relief from judgment with respect to the grant of summary judgment or the admissions. Remands with instructions to reinstate the judgment in favor of McKinley and against Skyllas.

Indiana Court of Appeals
Indiana Department of Child Services v. J.D., R.B., et al.
71A03-1611-JC-2627
Juvenile CHINS. Reverses the St. Joseph Probate Court’s denial of the Indiana Department of Child Services’ petition alleging M.B. was a child in need of services. Finds DCS’ evidence tending to establish the elements of Indiana Code 31-34-12-4, or the Presumption Statute, was competent and probative and, thus, sufficient to trigger the application of the Presumption Statute and shift the burden of producing evidence to rebut the presumption to M.B.’s parents. Remands with instructions.

Indiana Court of Appeals
Caleb Sullivan v. State of Indiana
52A02-1610-CR-2499
Criminal. Affirms Caleb Sullivan’s convictions for Level 4 felony burglary, Level 6 felony conspiracy to commit dealing in a controlled substance and level 6 felony theft. Finds there is sufficient evidence to support Sullivan’s convictions for burglary and theft. Also finds no double jeopardy violation.

Indiana Court of Appeals
Clara Briggs v. Kolb Roellgen & Kirchoff, LLP (mem. dec.)
42A01-1610-CC-2235
Civil collection. Affirms and reverses in part the Knox Superior Court’s entry of summary judgment in favor of Kolb Roellgen & Kirchoff LLP in its action against Clara Briggs for the recovery of unpaid legal fees, collection costs and prejudgment interest. Finds the trial court did not abuse its discretion in denying Briggs’ motion for change of venue or motion for summary judgment, or in granting the firm’s motion for summary judgment to the extent the firm is entitled to unpaid legal fees in the amount of $36,188.41.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Chijioke B. Ben-Yisrayl v. Ron Neal
16-1013
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s denial of Chijioke B. Ben-Yisrayl’s petition for habeas relief. Finds Ben-Yisrayl did not raise a claim of ineffective assistance of resentencing counsel in his habeas petition, and his failure to do so is a waiver.

Indiana Court of Appeals
Tyler R. Browder v. State of Indiana
49A04-1608-CR-1857
Criminal. Affirms Tyler Browder’s conviction for Class A misdemeanor possession of paraphernalia. Finds Officer Brady Ball’s decision to prolong the traffic stop did not violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds Browder’s consent to search the vehicle was voluntary.

Indiana Court of Appeals
The Estate of George A. Henry, Deceased v. Nadene Woods
49A05-16-PL-810
Civil plenary. Affirms the Marion Superior Court’s decision to partially allow Nadene Woods’ claim for services against the estate of George Henry. Finds the probate court was not required to evaluate Woods’ claim in a manner that presumed the services to be gratuitous. Also finds there is not a complete lack of evidentiary support for the challenged findings as to Henry’s expression of intent.

Indiana Court of Appeals
Deundre Rashad Kearney v. State of Indiana (mem.dec.)
45A03-1611-CR-2657
Criminal. Affirms Deundre R. Kearney’s conviction of Level 3 felony armed robbery. Finds the evidence sufficiently established Kearney committed the robbery.

Indiana Supreme Court
In the Matter of: Joseph M. Johnson III
01S00-1604-DI-188
Disciplinary. Suspends Joseph M. Johnson III from the practice of law for at least one year without automatic reinstatement. Finds Johnson committed attorney misconduct by violating Professional Conduct Rules 8.4(b), 8.4(d) and 8.4(e) in connection with his pattern of harassment of an ex-girlfriend.

Indiana Court of Appeals
Tommy R. Pruitt v. State of Indiana
15A05-1606-CR-1235
Criminal. Affirms Tommy R. Pruitt’s sentence to an aggregate term of 180 years for the murder of a law enforcement officer acting in the line of duty. Finds the trial court would have imposed the same sentence of 65 years for Pruitt’s murder charge had it only considered the aggravators that complied with Blakely v. Washington. Also finds Pruitt’s sentence is not inappropriate in light of the nature of the offense and his character.

The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
DS v. AR (mem. dec.)
29A05-1608-PO-1893
Protective order. Affirms the Hamilton Superior Court’s issuance of a protective order. Finds the evidence supports the trial court’s order and D.S. has not presented a case of prima facie error.

Indiana Court of Appeals
Tyler Allen Whitesell v. State of Indiana (mem. dec.)
90A02-1612-CR-2768
Criminal. Affirms Tyler Allen Whitesell’s aggregate sentence of six years following his guilty pleas to dealing in a narcotic drug as a Level 5 felony, two counts of dealing in a substance represented to be a controlled substance as Level 6 felonies, and theft as a Class A misdemeanor. Finds the sentence is not inappropriate.

Indiana Supreme Court
Danny Sims v. Andrew Pappas and Melissa Pappas
45S03-1701-CT-26
Civil tort. Affirms the judgment of the Lake Superior Court in favor of Andrew and Melissa Pappas for compensatory and punitive damages. Finds the remoteness of a prior offense does not affect the admissibility of the evidence. Also finds the compensatory damages were within the evidence and the punitive damages were not unconstitutionally excessive.

Indiana Court of Appeals
Shelly M. Phipps v. State of Indiana
28A05-1609-CR-2097
Criminal. Reverses Shelly M. Phipps’ conviction of Level 6 felony invasion of privacy. Finds the state failed to prove that Phipps contacted K.G. by sending an email. Remands for further proceedings. Judge Rudolph Pyle dissents with separate opinion.

Indiana Court of Appeals
Matthew Ward v. Lowe's
93A02-1609-EX-2133
Agency. Affirms the Indiana Worker’s Compensation Board’s denial of Matthew Ward’s application for workers’ compensation benefits. Finds the board did not abuse its discretion in denying his application. Chief Judge Nancy Vaidik dissents with separate opinion.

Indiana Court of Appeals
David Earl Ison v. State of Indiana
24A04-1607-PC-1618
Post-conviction. Grants rehearing to delete the second paragraph of footnote three in the Indiana Court of Appeals’ original opinion. Finds that the footnote erroneously concluded that Indiana Code section 35-50-2-9 contains a technical error. Affirms the original opinion in all other respects.

Indiana Supreme Court
Trondo L. Humphrey v. State of Indiana
48S02-1609-PC-480
Post-conviction. Reverses denial of petition for post-conviction relief. Finds Trondo Humphrey has shown the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court. Remands for a new trial. Justices Mark Massa and Geoffrey Slaughter concur with separate opinion.

Indiana Supreme Court
Marcus Zanders v. State of Indiana
15S01-1611-CR-571
Criminal. Affirms Marcus Zanders’ convictions of two counts of robbery with a deadly weapon and two counts of unlawful possession of a firearm by a serious violent felon, and his adjudication as a habitual offender. Chief Justice Loretta Rush writes for the majority that under federal precedent, the Fourth Amendment does not require police to obtain a search warrant to gather information an individual has voluntarily relinquished to a third party — in this case, cellphone historical location data.