Court of Appeals of Indiana
Malcolm Dwight Smith II v. State of Indiana
21A-CR-1514
Criminal. Affirms Malcolm Dwight Smith II’s conviction for Level 4 felony burglary. Finds the LaPorte Superior Court did not violate Smith’s right to a speedy trial under Indiana Criminal Rule 4(B). Also finds Smith has waived his argument that the trial court abused its discretion in the admission of evidence. Finally, finds there was sufficient evidence to support the conviction.
Court of Appeals of Indiana
Chad E. Hammann v. State of Indiana
22A-CR-2210
Criminal. Affirms the Dearborn Circuit Court’s revocation of Chad Hammann’s probation. Finds the trial court did not err by denying Hammann’s motion to dismiss. Also finds Hammann was not deprived of his due process right to written notice of the claimed violations of probation. Finally, finds the evidence is sufficient to support the revocation.
Court of Appeals of Indiana
Imad Shawa, M.D. v. Kathryn Gillette
22A-CT-1667
Civil tort. Reverses the Marion Superior Court’s denial of summary judgment for Imad Shawa. Finds Kathryn Gillette’s failure to use her probable knowledge of Shawa’s identity precludes unlimited extension of the statute of limitations. Remands with instructions for the trial court to enter summary judgment for Shawa.
Court of Appeals of Indiana
Michael J. Stolla v. Megan Gould (mem. dec.)
22A-JP-1740
Juvenile paternity. Affirms the Dearborn Circuit Court’s judgment modifying legal and physical custody over minor son, M.J.S., in favor of Megan Gould. Finds the trial court did not abuse its discretion when it overruled Michael J. Stolla’s objection to considering a modification of custody based only on Gould’s failure to file a modification petition. Also finds the trial court’s decision to modify the parties’ legal and physical custody over M.J.S. is well-supported by the record.
Devun York v. State of Indiana
22A-CR-02214
Criminal. Affirms Marion Superior Court’s denial of Devun York’s motion to dismiss a charge which alleged he was in possession of a machine gun in violation of Indiana Code section 35-47-5-8(2014). Finds the trial court did not err by concluding that the facts of the case state a crime or by concluding that the machine gun statute is not impermissibly vague under the federal and state constitutions.
The American Bar Association Standing Committee on Ethics and Professional Responsibility has released guidance on lawyers’ handling of prepaid fees for individual clients.
Leroy N. Ingram v. T.J. Watson, et al.
21-3400
Appeal from the U.S. District Court for the Southern District of Indiana, Terre Haute Division. Judge Frank Easterbrook.
Civil. Affirms the district court decision. Reverses the grievance directed to the asserted physical attack. Remands for further proceedings.
Court of Appeals of Indiana
MLS Enterprises, LLC v. Adam R. Norman and Matthew A. Norman
22A-PL-2755
Civil plenary. Affirms the Lawrence Circuit Court’s grant of partial summary judgment to Adam and Matthew Norman. Finds the trial court did not abuse its discretion in the admission of designated evidentiary materials. Also finds the Normans are entitled to summary judgment on an adverse possession claim.
Indiana Supreme Court
Matthew H. Thomas Davis v. State of Indiana
22S-CR-253
Criminal. Dismisses Matthew H. Thomas Davis’ sentencing appeal. Finds his written plea agreement with the state unambiguously waived his right to appeal his sentence. Justice Christopher Goff dissents with separate opinion, joined by Chief Justice Loretta Rush.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
United States of America v. William G. Curtis
21-2615
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge James T. Moody.
Criminal. Affirms the district court’s decision to refuse consideration of resentencing William G. Curtis for firearms-related sentences under the Fair Step Act. Finds a district court does have authority under the act to reduce an aggregate sentence, even if part of the sentence rests on offenses that are not covered by the act nor grouped with a covered offense. Also finds the district court’s error in assuming it lacked authority was harmless. Finally, finds Curtis’ consecutive sentences for firearms-related convictions were distinct and disaggregated from his drug conspiracy-related sentences.
Court of Appeals of Indiana
Ty Evans v. State of Indiana
22A-PC-220
Post-conviction relief. Reverses the post-conviction court’s denial of relief to Ty Evans and remands to the court with instructions to issue an amended abstract of judgment consistent with the opinion. Finds Evans demonstrated that he was not a habitual offender under the laws of the state and that his two convictions did not in fact occur in the required order.
Court of Appeals of Indiana
Matthew G. Cranfill, as Personal Representative of the Estate of Josephine F. Cranfill, Deceased v. State of Indiana Department of Transportation
22A-CT-2062
Civil tort. Affirms the Putnam Circuit Court’s grant of summary judgment in favor of the Indiana Department of Transportation. Finds the department’s failure to lower the speed limit on State Rode 267 involved the “adoption and enforcement of or failure to adopt or enforce” a rule and/or regulation, so under the Indiana Tort Claims Act, the department is immune from liability from Cranfill’s claims.
7th Circuit Court of Appeals
Brian Hope, et al. v. Commissioner of Indiana Department of Correction, et al.
22-2150
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Richard L. Young.
Civil. Reverses the district court’s grant of summary judgment for plaintiffs. Finds requiring offenders who are already subject to the burdens of registration elsewhere rationally promotes public safety through the maintenance of a sex-offender registry that is as complete as the Indiana Constitution permits.
William Scott Miles v. State of Indiana (mem. dec.)
22A-CR-2318
Criminal. Affirms William Miles’ convictions and sentence for Class A felony child molesting and Class B felony sexual misconduct with a minor. Finds even if the Hendricks Superior Court erred in admitting evidence, the error would have been harmless. Also finds the 40-year sentence is not inappropriate.
Joshua D. Clark v. State of Indiana
22A-CR-2421
Criminal. Affirms the Hendricks Superior Court’s denial of Joshua Clark’s request for a jury instruction on the defense of entrapment. Finds the evidence does not indicate a civilian group was an apparent agent of law enforcement. Also finds Clark was not predisposed to commit child solicitation.
Court of Appeals of Indiana
Katrina Louise Fouts v. State of Indiana
22A-CR-917
Criminal. Affirms Katrina Fouts’ convictions on conspiracy to commit murder and failure to report human remains charges. Finds the state presented sufficient evidence to support Fouts’ convictions and that the Hamilton Superior Court did not abuse its discretion in admitting evidence in the case. Also finds the state’s closing argument did not amount to fundamental error.
Douglas Housemeyer and Diane Housemeyer v. Kurt W. Babcock (mem. dec.)
22A-CT-02169
Civil tort. Affirms Hamilton Superior Court’s denial of Douglas Housemeyer and Diane Housemeyer motion to correct error affirming the jury’s verdict. Finds the trial court did not abuse its discretion in denying appellant’s motion to correct error and by affirming the jury’s verdict which awarded zero dollars in damages.
Jordan M. Knudson v. State of Indiana (mem. dec.)
22A-CR-01758
Criminal. Affirms Jordan Knudson’s conviction for murder and his sentence of 65 years. Finds the Ripley Circuit Court did not abuse its discretion by denying his request for a mistrial or by improperly finding two sentencing aggravators. Also finds his sentence is not inappropriate.
Ashton L. Geimer v. Donald Braun, et al. (mem. dec.)
22A-CC-2680
Civil collections. Affirms the negative judgment against Ashton Geimer on her counterclaim against Donald and Linda Braun for trespass to personal property. Finds the judgment denying Geimer’s counterclaim is not clearly erroneous. Declines to award additional appellate attorney fees.
Court of Appeals of Indiana
Andrea Armour v. State of Indiana (mem. dec.)
22A-CR-2407
Criminal. Affirms the revocation of Andrea Armour’s probation. Finds the Hendricks Circuit Court did not abuse its discretion.