Opinions

Indiana Court of Appeals
David C. Wanke Sr. v. State of Indiana
23A-CR-2423
Criminal. Reverses David C. Wanke Sr.’s convictions for Level 1 felony child molesting and his adjudication as a habitual offender. Finds the Knox Superior Court’s admission of N.W.’s out-of-court statements to Nurse Courtney Benson to be erroneous. Also finds the trial court erred when it permitted Benson to testify to N.W.’s statements and that retrial is not prohibited. Remands for further proceedings.

Indiana Court of Appeals
DeMarcus Hazelwood v. The Common Wealth Apartments
23A-EV-1404
Eviction. Reverses the Center Township Small Claims Court’s judgment in favor of Common Wealth on its claim for possession of DeMarcus Hazelwood’s apartment. Finds Common Wealth violated federal law by failing to give Hazelwood a 30-day notice to vacate as required by 15 U.S.C. § 9058(c) before initiating eviction proceedings against him. Remands with instructions to dismiss Common Wealth’s notice of claim. Judge L. MarK Bailey concurs with separate opinion.

Indiana Supreme Court
Bradley Cooley v. Shelly Cooley
23S-DN-245
Domestic relations without children. Affirms the Morgan Superior Court’s judgment ordering Bradley Cooley to obtain and subsidize a life insurance policy to secure Shelly Cooley’s distribution. Finds Bradley Cooley waived his argument that the court erred by not considering his tax consequences.

Indiana Court of Appeals
Osama Shibli v. State of Indiana
23A-CR-1339
Criminal. Affirms the state’s charges against Osama Shibli for two counts of Level 6 felony failure to register as a sex or violent offender based on a prior conviction for child molesting in Indiana. Finds that the state’s sex-offender registration requirement, as applied to Shibli, does not violate the ex post facto clause of the Indiana Constitution.

Indiana Court of Appeals

John Matthew Ford v. Britani L. Ford (mem. dec.)
23A-DR-1903
Domestic relations. Affirms the Boone Superior Court’s post-dissolution order modifying John Ford’s child support obligation from $200 weekly to $1,250 weekly for his minor children, who are in the primary custody of Britani Ford. Finds the trial court’s order modifying the father’s child support obligation is not clearly erroneous, as the court did not overstate the father’s income when it calculated his child support obligation.

Indiana Court of Appeals
John Brennan Larkin v. State of Indiana (mem. dec.)
23A-PC-1081
Post conviction. Affirms the LaPorte Superior Court’s denial of John Larkin’s post conviction relief petition. Finds that Larkin did not prove that he received ineffective assistance of counsel because he suffered no prejudice from any alleged mistake.

Indiana Court of Appeals
Cameron Banks v. State of Indiana
23A-CR-898
Criminal. Affirms Cameron Banks’ murder conviction in Marion Superior Court and the admittance of incriminating evidence found during the search of his cell phone. Finds a search warrant was supported by probable cause as the affidavit presents facts, together with reasonable inferences, demonstrating a sufficient nexus between Cameron’s cell phone and the shootings and robbery. Also finds that the warrant was specific enough as it allowed the police to look for items that were related to the February 2020 shootings and robbery and did not violate the Fourth Amendment’s particularity requirement. Reverses Cameron’s conviction for Level 2 felony robbery. Remands with instructions for the trial court to enter conviction for Level 5 felony robbery instead.

Indiana Court of Appeals
C.U. v. State of Indiana (mem. dec.)
23A-JV-2073
Juvenile. Affirms the Lake Superior Court’s finding that C.U. had violated the terms of her placement and order that she be a ward of the Indiana Department of Correction. Finds the juvenile court did not abuse its discretion by making her a ward of the DOC.

Indiana Court of Appeals
P.S. v. R.S. (mem. dec.)
23A-PO-2159
Protection order. Reverses the Vigo Superior Court’s order denying P.S.’s motion to correct error in which she argued that the trial court erred by sua sponte imposing on the parties a mutual restraining order after the court had denied R.S.’s petition for a protection order. Finds the trial court abused its discretion by denying P.S.’s motion to correct error. Remands with instructions to grant P.S.’s motion to correct error.

Indiana Court of Appeals
Brooke Wells v. Joseph Todd Wells and Kimberly Renae Wells
23A-DR-990
Domestic relations.  Affirms the Marion Superior Court’s finding that Brooke Wells repudiated her father, Joseph Wells, and therefore the father was relieved of his obligation to pay for her to attend college. Finds the trial court did not clearly err in finding the daughter repudiated her father. Judge Elizabeth Tavitas dissents with separate opinion.

Indiana Court of Appeals
Jermaine Garnes v. State of Indiana
23A-CR-606
Criminal. Affirms Jermaine Garnes’ murder conviction and 65-year prison sentence in Tippecanoe Superior Court. Finds the trial court did not abuse its discretion in declaring a mistrial in Garnes’s first trial and his second trial did not violate double jeopardy protections. Also finds his sentence is not inappropriate in light of Garnes’s character and the nature of his offense.

Indiana Court of Appeals

M.T. v. D.W. (mem. dec.)
23A-AD-1328
Adoption. Reverses the Johnson Superior Court’s judgment denying M.T. grandmother’s petition to adopt. Finds the trial court’s decision was based on an erroneous reading of the Consent Statute. Remands to the trial court with instructions to enter factual findings as to whether grandmother proved by clear and convincing evidence that D.W., the child’s biological father, failed without justifiable cause to communicate with the child when able to do so or knowingly failed to provide for child’s care and support when able to do so.

Indiana Supreme Court
Diego Morales, in his official capacity as Indiana Secretary of State, the Indiana Election Commission, and Amanda Lowery, in her official capacity as Jackson County Republican Chair v. John Rust
23S-PL-371
Civil plenary. Reverses Marion Superior Court’s order blocking enforcement of the Affiliation Statute that prohibits U.S. Senate hopeful John Rust from appearing on the GOP primary ballot in May. Finds that the Affiliation Statute is not unconstitutional and Rust’s remaining arguments lack merit. Finds that because the Affiliation Statute is a mere procedural regulation that does not substantively change the minimum qualifications for the United States Senate, it survives Rust’s 17th Amendment challenge. Remands with instructions to enter judgment for the state. Justice Derek Molter concurs with separate opinion in which Justice Geoffrey Slaughter joins.  Justice Christopher Goff dissents with separate opinion in which Chief Justice Loretta Rush joins.

Indiana Court of Appeals
In the Matter of the Adoption of Baby Girl; C.M. and K.M., In the Matter of the Paternity of L.A. (Minor Child); Y.N. v. K.Q.A. and C.M. and K.M.
23A-AD-1590
Adoption. Reverses the Marion Superior Court’s order, which established Y.N.’s paternity of L.A. Finds that putative father’s consent to L.A.’s adoption had been irrevocably implied as a result of his failure to timely register with the registry and that he was, therefore, barred from challenging the adoption or establishing paternity. Also finds the trial court erred in entering an order establishing the putative father’s paternity.

Indiana Court of Appeals

John U. Dustin v. Michelle C. Dustin (mem. dec.)
23A-DC-758
Domestic relations with children. Affirms the Monroe Circuit Court’s final decree of dissolution and division of John and Michelle Dustin’s marital estate. Finds the trial court did not abuse its discretion. Also finds John Dustin has not satisfied his burden on appeal to overcome the strong presumption that the trial court acted correctly in applying the statutory factors.

Court of Appeals of Indiana
Doug Williams and W.W. Contracting Inc. v. Pekin Insurance Inc.
23A-PL-995
Civil plenary. Affirms the Tippecanoe Superior Court’s grant of summary judgment in favor of Pekin Insurance Inc. Finds W.W. Contracting Inc.’s theft allegation established the dishonest act. 

Court of Appeals of Indiana
Anthony Lefevers v. SGC Properties LLC (mem. dec.)
23A-PL-909
Civil plenary. Affirms the Harrison Circuit Court’s order granting SGC Properties LLC’s motion for the involuntary dismissal of Anthony Lefevers’ case. Finds the trial court did not fail to issue findings and conclusions and that the evidence supports the trial court’s conclusion that Lefevers failed to present sufficient evidence to prove his claim against SCG.

Court of Appeals of Indiana
Connie Davis-Brumley, as Mother of Decedent v. Fair Oaks Farms LLC; Fair Oaks Hospitality LLC and Farmhouse Restaurant LLC
23A-CT-1610
Civil tort. Affirms Lake Superior Court’s order granting Fair Oaks Farms’s motion to dismiss and denying the motion to substitute. Finds the trial court did not err by dismissing the wrongful death complaint, nor did it err by denying the motion to substitute.

Wednesday opinions
Court of Appeals of Indiana
M.W. v. H.Y.
23A-PO-879
Protection order. Affirms the Lake Circuit Court’s grant of a protection order against M.W. Finds the trial court was not required to announce the cause number of the PO Cause at the beginning of the hearing, nor was it required to announce at some point during the hearing, when the evidence being presented was directed toward the PO Cause as opposed to the dissolution proceedings. Also finds M.W. has failed to meet his burden to show that the trial court failed to hold a hearing as required by Indiana Code section 34-26-5-9(h) and to receive evidence to support H.Y.’s petition for a protection order.

Court of Appeals of Indiana
Elpers Bros. Construction & Supply, Inc., et al. v. Deane L. Smith, II, M.D., et al.
23A-PL-437
Civil plenary. Affirms and reverses in part the grant of summary judgment in favor of Deane L. and Lori A. Smith. Finds the Vanderburgh Circuit Court properly granted summary judgment for the Smiths on their claim that Elpers Bros. Construction & Supply Inc. owed a non-delegable duty to properly design and construct a subdivision’s drainage system. Also finds the trial court erred in granting only partial summary judgment for the homeowners association and in denying Elpers Development’s motion for summary judgment. Finally, finds the trial court properly denied Elpers Construction’s motion for summary judgment on the Smiths’ fraud claim. Remands for further proceedings.