Opinions

Indiana Court of Appeals
In the Matter of: J.B., A Child in Need of Services: S.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
47A01-1604-JC-765
Juvenile CHINS. Affirms J.B.’s designation as a child in need of services.

Indiana Court of Appeals
Brian W. Ellison v. State of Indiana (mem. dec.)
92A05-1604-CR-964
Criminal. Affirms Ellison’s designation as a credit-restricted felon. Finds sufficient evidence to support the trial court’s determination that Ellison molested A.E. on or after July 1, 2008, the effective date of the credit-restricted felon statute.

Indiana Court of Appeals
In the Matter of the Commitment of H.F. v. Eskenazi Health/Midtown Clinic (mem. dec.)
49A02-1602-MH-335
Mental health. Affirms order for temporary involuntary civil commitment, not to exceed 90 days. 

Indiana Supreme Court
In the Matter of: Harold E. Bean
49S00-1601-DI-2
Discipline. Disbars Bean for engaging in attorney misconduct while the elected clerk-treasurer of the town of Warren Park. He pleaded guilty to theft and official misconduct as Class D felonies after writing dozens of checks to himself from town funds.

Indiana Court of Appeals
George P. Broadbent, and Plainfield Village, LP v. Fifth Third Bank
32A01-1602-MF-345
Mortgage foreclosure. Affirms summary judgment for the bank. The trial court properly interpreted the guaranties of the contract and applied the guaranties’ terms to calculate Broadbent’s liability.

Indiana Court of Appeals
In re the Paternity of: L.S., Chen Su v. James Lowe (mem. dec.)
49A02-1512-JP-2196
Juvenile. Affirms order modifying custody of L.S. to sole legal custody of father, parenting time and child support.

Indiana Supreme Court
Michael Day v. State of Indiana
24S05-1606-CR-358
Criminal. Affirms Day’s disorderly conduct conviction. Concludes that the “fighting” subsection of the disorderly conduct statute does not contain a public disturbance element but does require a physical altercation. His intentional spitting provided sufficient evidence of a physical altercation.

Indiana Court of Appeals
Dorothy Williams v. State of Indiana
46A03-1511-CR-1913
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct. Finds the state’s impairment of Williams’ speech was constitutional because it was rational and her speech was politically ambiguous for purposes of an Article I, Section 9 affirmative defense.

Indiana Court of Appeals
In re the Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey R. MacDonald
71A03-1602-TR-301
Trust. Reverses the probate court’s order dismissing Hurwich’s complaint. Hurwich’s appeal was timely filed and dismissal of his complaint was not appropriate. Specific factual support is not required under Indiana Trial Rule 8(A) as factual specifics may not be available until discovery is made.

Indiana Court of Appeals
Christopher Compton v. State of Indiana
82A01-1511-CR-1997
Criminal. Affirms conviction of three counts of felony murder and the finding that Compton is a habitual offender. The trial court did not deprive Compton of due process when it allowed the media to tweet live updates of his trial from the courtroom, nor did it err in admitting evidence of Compton’s incriminatory statements. Calls for guidance on social media use during criminal trials.

Indiana Supreme Court
Kristy Burnell v. State of Indiana
29S02-1512-CR-707
Criminal. Affirms trial court decision to not terminate license suspension. Holds a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test. Burnell has the burden of demonstrating the evidence shows her license suspension by the BMV should be overturned, and she did not carry this burden.

Indiana Court of Appeals
Douglas M. Curtis v. State of Indiana
49A02-1512-CR-2293
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. Because the apartment complex where Curtis had been living with his father provided him a 48-hour grace period to remove his property and Curtis was arrested while in the process of gathering his personal belongings, there was insufficient evidence to support the conviction.

Indiana Court of Appeals
Amir Basic and Gerard Arthus v. Numan A. Amouri, Mohamad H. Mohajeri, Mohammad Aslam Chaudhry, Adnan Khan, Imdad Zackariya, Mohammad Sirajuddin, Sarah Shaikh, Aijaz Shaikh, Ismail Al-Ani, et al.
71A03-1510-PL-1820
Civil plenary. Affirms trial court findings that it lacked subject matter jurisdiction, appellants lacked standing and its decision to quash certain subpoenas in a dispute brought against the imam of the Islamic Society of Michiana Inc., by a Amir Basic, a member of the board of directors and trustees, after he was removed. Finds Basic and Gerard Arthus acted in procedural bad faith. Grants appellees’ request for damages and remands to the trial court for a determination of those damages.

Indiana Court of Appeals
J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak
45A03-1506-CT-670
Civil tort. Affirms jury verdict in favor of the guardianship of Kristen Zak on the guardianship’s negligence claim. Zak’s vehicle slid on snowy conditions on I-65 and crashed into a J.B. Hunt semi that had jackknifed an hour prior. Finds there were multiple questions of fact that needed to be answered by a jury and there is no basis on which to second-guess the jury. There are also no questions of law warranting reversal.

Indiana Court of Appeals
Robert Weathers v. State of Indiana
49A04-1601-CR-3
Criminal. Affirms Level 5 felony possession of a handgun without a license conviction. The trial court did not abuse its discretion in admitting the handgun at trial, which was found after a warrantless inventory search of Weathers’ vehicle after he was stopped and arrested for driving without a license.

Indiana Supreme Court
In Re the Involuntary Termination of the Parent-Child Relationship of R.S., (Minor Child), and R.S. (Father) v. Marion County Department of Child Services and Child Advocates, Inc.
49S04-1606-JT-350
Juvenile. Reverses termination of father’s parental rights. The trial court’s findings do not clearly and convincingly support its conclusion that termination of father’s parental rights is in the best interests of the son.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Darrell L. Duncan
15-3485
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Holds that a conviction for robbery under the Indiana statute qualifies under the still-valid elements clause of the Armed Career Criminal Act definition of violent felony. Robbery by placing a person in fear of bodily injury under Indiana law involves an explicit or implicit threat of physical force and therefore qualifies as a violent felony under 18 U.S.C. Section 924(e)(2)(B)(i.)

Indiana Court of Appeals
Bryan Modglin v. State of Indiana (mem. dec.)
18A02-1512-CR-2113
Criminal. Affirms convictions of Class A felony attempted murder, Class C felony battery resulting in serious bodily injury, Class D felony battery resulting in bodily injury and Class A misdemeanor battery.