Opinions

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.

Court of Appeals of Indiana
Marion Assets 2020, LLC v. Fiascone Family LP
22A-TP-1681
Verified petition for issuance of a tax deed. Affirms the Lake Superior Court’s conclusion that Marion Assets 2020 LLC provided Fiascone Family LP with constitutionally adequate notice in obtaining a tax deed. Reverses the trial court’s conclusion to set aside the tax deed on equitable grounds. Finds the trial court did not err when it found that Marion Assets provided Fiascone Family with constitutionally adequate notice, but did abuse its discretion when it set aside the tax deed on equitable grounds. Remands with instructions for the court to deny Fiascone Family’s motion to set aside the tax deed.

Town of Clayton v. Michael Swanson and Evi Swanson (mem. dec.)
22A-CT-1061
Civil tort. Affirms and reverses in part the judgment in favor of Michael and Evi Swanson on their claim against the town of Clayton alleging inverse condemnation of real property. Finds the Hendricks Superior Court did not err when it denied the town’s motion for partial summary judgment on the issue of damages within the drainage easement, but did err when it denied the town’s motion for partial summary judgment on the Swansons’ claims alleging vicarious liability for Murrain Excavating Inc.’s negligence. Also finds the trial court’s findings regarding the Swansons’ inverse condemnation claim are supported by the evidence and are sufficient to show a taking.

Court of Appeals of Indiana
Ray Sorgdrager v. State of Indiana
22A-CR-01175
Criminal. Affirms Ray Sorgdrager’s sentence for two counts of child molesting, one as a Level 1 felony and the other as a Level 4 felony, and his 41-year sentence in the Department of Correction. Finds sufficient evidence to support the Level 1 felony conviction. Also finds Sorgdrager failed to establish that either of his offenses is included in the other, either inherently or factually, so he has not established that his convictions constitute double jeopardy. Finally, finds Sorgdrager has not sustained his burden of establishing that his aggregate sentence is inappropriate in light of the nature of the offenses and his character. Judge Elaine Brown concurs and dissents in part with separate opinion.

Darrell Scott Durham v. State of Indiana (mem. dec.)
22A-CR-872
Criminal. Affirms Darrell S. Durham’s convictions of Level 4 felony possession of a firearm by a serious violent felon, Level 5 felony domestic battery by means of a deadly weapon, Level 6 felony domestic battery and Level 6 felony pointing a firearm, and his nine-year sentence. Finds the admission of Exhibit 24, a no-contact order, was, at most, harmless error. Also finds the state’s closing arguments did not amount to fundamental error. Finally, finds the Marion Superior Court relied on proper aggravators in sentencing Durham.

Juan Jose Santoyo Escamilla v. State of Indiana (mem. dec.)
22A-CR-2264
Criminal. Affirms Juan Escamilla’s convictions of possession of methamphetamine, operating a vehicle while under the influence of a controlled substance, possession of drug paraphernalia and driving without a license. Finds the traffic stop violated neither the Fourth Amendment to the United States Constitution nor Article 1, Section 11 of the Indiana Constitution.

Michael Damien Howell v. State of Indiana (mem. dec.)
22A-PC-01659
Post-conviction relief petition. Affirms the post-conviction relief court’s denial of Michael Damien Howell’s petition. Finds Howell has not shown that his trial counsel’s error prejudiced him.

Court of Appeals of Indiana
Steve Ford v. Brandon Slate
22A-SC-1018
Small claims. Affirms the Lawrence Township Small Claims Court of Marion County’s judgment in favor of Brandon Slate on his complaint for breach of contract against Steve Ford. Finds the trial court’s judgment was not clearly erroneous.

Court of Appeals of Indiana
Daniel Kay Beach v. Teresa Spiech, Trustee of the Dauby Family Trust
22A-TR-1779
Trust. Reverses and remands to determine the value of the home at the time of Carol Daubenspeck’s death so that the trust assets may be divided evenly between siblings, with Daniel Beach receiving the home as part of his distribution. Finds Beach’s right of first refusal gave him the choice to receive the home as part of his share of the trust if he so desired. Affirms the Hamilton Superior Court’s decision on all other grounds.

Court of Appeals of Indiana
Curtis D. Shank v. State of Indiana (mem. dec.)
22A-CR-1500
Criminal. Affirms Curtis Shank’s conviction of Level 1 felony attempted murder and his sentence of 48 years executed. Finds the Elkhart Circuit Court properly handled Shank’s requests for a speedy trial such that his Criminal Rule 4(B) rights were not violated. Also finds Shank has failed to show that his sentence is inappropriate.

Court of Appeals of Indiana
Montgomery Scott Turner and Morgan Mitchell v. Roxanna Knowles
22A-EV-2622
Eviction. Reverses the Lawrence Superior Court’s judgment for Roxanna Knowles, a landlord. Finds Montgomery Turner and Morgan Mitchell have established prima facie error in the trial court’s determination. Remands with instructions to vacate an award of damages for Knowles and order Knowles to return a security deposit. Also remands with instruction to determine the tenants’ reasonable fees and costs.

Court of Appeals of Indiana
Adam Tempest v. Fifth Third Bank, National Association (mem. dec.)
22A-PL-2222
Civil plenary. Dismisses Adam Tempest’s appeal of the Decatur Superior Court’s order dismissing his complaint against Fifth Third Bank. Finds multiple violations of the Indiana Appellate Rules and a lack of a cogent argument.

Court of Appeals of Indiana
Indiana Board of Pharmacy, Donna S. Wall, Steven Anderson, Del Fanning, Winnie Landis, Mark Smosma, and Matt Balla v. Paul J. Elmer
22A-PL-1811
Civil plenary. Reverses the Marion Superior Court’s entry of judgment against the appellants and the award of attorney fees to Paul Elmer. Finds the Indiana Board of Pharmacy and its members were acting in a quasi-judicial capacity and in good faith based on the known interpretation of Indiana Code § 34-52-1-1. Remands with instructions to enter judgment in favor of the appellants and to vacate the award of attorney fees to Elmer.