Opinions

Court of Appeals of Indiana
Dustin A. Lane v. State of Indiana
22A-CR-2276
Criminal. Revises Dustin Lane’s aggregate sentence from 3,000 days to 300 days and remands to the Lawrence Superior Court to enter a sentencing order consistent with the appellate opinion. Finds Lane has met his burden to demonstrate that his sentence is inappropriate in light of the nature of the offenses and his character. Judge Dana Kenworthy dissents with separate opinion.

Court of Appeals of Indiana
Robert A. Kissinger v. State of Indiana (mem. dec.)
22A-CR-2647
Criminal. Affirms Robert Kissinger’s conviction and 30-year sentence for Level 1 felony child molesting. Finds the DeKalb Circuit Court did not abuse its discretion in admitting a nurse’s report, and even if it did, the error was harmless. Also finds the evidence is sufficient to identify Kissinger as the perpetrator and to support his conviction. Finally, finds Kissinger’s advisory sentence is not an outlier.

Court of Appeals of Indiana
Jordan M. Norton v. State of Indiana
22A-CR-2314
Criminal. Dismisses Jordan Norton’s appeal of his convictions and sentence for battery by means of a deadly weapon, a Level 5 felony, and criminal recklessness, a Level 6 felony. Finds Norton was not entitled to file a belated notice of appeal. Judge Leanna Weissmann dissents with separate opinion.

Court of Appeals of Indiana
James H. Higgason III v. State of Indiana
22A-CR-2000
Criminal. Affirms James Higgason III’s three convictions of murder. Finds the Lake Superior Court did not abuse its discretion when it denied Higgason’s motion to dismiss and motion for mistrial. Also finds the trial court did not abuse its discretion when it admitted the digitized recording of the phone calls between David Copley and Higgason. Finally, finds any error in the trial court’s decision to not notify counsel when the jury asked a question about Higgason’s culpability was harmless because Higgason did not establish prejudice. and there was sufficient evidence to convict Higgason of the murders.

Court of Appeals of Indiana
Adam B. Kenny v. State of Indiana
22A-CR-2082
Criminal. Affirms Adam Kenny’s convictions of Level 2 felony dealing in methamphetamine, Level 6 felony unlawful possession of a syringe, Class C misdemeanor possession of paraphernalia, Class A misdemeanor carrying a handgun without a license and three counts of Class A misdemeanor unlawful possession of a firearm by a dangerous person. Finds the Tippecanoe Superior Court did not abuse its discretion in admitting evidence resulting from a valid traffic stop consistent with the Fourth Amendment.

Court of Appeals of Indiana
MEGA OIL, INC., an Illinois Corporation, et al. v. CITATION 2004 INVESTMENT, LLC, a Delaware Limited Liability Company
22A-MI-1275
Miscellaneous. Affirms the Gibson Circuit Court’s grant of partial summary judgment to Citation 2004 Investment LLC. Finds the trial court did not clearly err.

Court of Appeals of Indiana
Kristopher M. Wainscott v. State of Indiana
22A-CR-1817
Criminal. Affirms the denial of Kristopher Wainscott’s motion to suppress all evidence derived from the search warrant for his phone. Finds the warrant had already been executed by the seizure of the phone when the alleged victim partially recanted her allegations against Wainscott, so the state had no obligation to inform the magistrate judge of the partial recantation.

Court of Appeals of Indiana
In the Matter of the Civil Commitment of: J.G. v. Community Health Network, Inc.
22A-MH-2533
Mental health. Dismisses J.G.’s appeal as moot. Finds her temporary commitment has expired and she has failed to show an applicable exception to the mootness doctrine. Also finds J.G. has failed to show that this is a “close case” such that the mootness doctrine should not be applied.

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.

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.