Indiana Supreme Court
Carl Eugene McDonald v. State of Indiana
22S-CR-46
Criminal. Summarily affirms Carl Eugene McDonald can’t challenge the validity of his convictions on direct appeal and that Cass Superior Court improperly entered his HVSO sentencing enhancement as a separate, consecutive sentence. Affirms the HVSO statute does not contain a provision that is nonsuspendible. Remands for resentencing.
Court of Appeals of Indiana
Robert R. Wilmsen v. State of Indiana
21A-CR-1214
Criminal. Affirms Robert Wilmsen’s aggregate 190-year sentence for conviction of three counts of Level 1 felony child molesting; Level 1 felony attempted child molesting; two counts of Level 4 felony sexual misconduct with a minor; Level 4 felony attempted sexual misconduct with a minor; two counts of Level 5 felony sexual misconduct with a minor; and one count of Level 6 felony dissemination of matter harmful to minors. Also finds he is a repeat sex offender. Concludes Wilmsen’s sentence is not inappropriate in light of the nature of the offense and his character.
Indiana Supreme Court
Kevin Isom v. Ron Neal
21S-CQ-545
Certified question. Accepts the certified questions of the Indiana Northern District Court and answers both questions negatively. Finds that the unverified post-conviction petition tendered to the Lake Superior Court in January 2016 by death row inmate Kevin Isom was not “properly filed” as of the date of its initial submission, nor did the Indiana Supreme Court’s January 2017 order render Isom’s post-conviction petition “properly filed” as of the date of its initial submission.
Court of Appeals of Indiana
Moussa I. Dahab v. State of Indiana (mem. dec.)
21A-CR-1155
Criminal. Affirms Moussa I. Dahab’s conviction of battery by means of a deadly weapon as a Level 5 felony. Finds any error in the admission of evidence was harmless. Also finds the evidence was sufficient.
Court of Appeals of Indiana
Kimberly S. Vanderveer v. State of Indiana
21A-CR-1688
Criminal. Vacates, with the state conceding, Kimberly S. Vanderveer’s conviction of Level 6 felony making a false statement on a criminal history information form as it violated her right to be free from double jeopardy. Affirms Vanderveer’s Level 5 felony using false information to obtain a handgun (Ind. Code § 35-47-2-17(a)(1)(A)). Finds the evidence and inferences most favorable to the jury’s verdict could lead a reasonable jury to conclude Vanderveer’s falsification of Form 4473 was knowing or intentional.
Indiana Supreme Court
The Residences at Ivy Quad Unit Owners Association, Inc. v. Ivy Quad Development, LLC, et al.
21S-PL-294
Civil plenary. Affirms and reverses in part the dismissal of a complaint for breach of the implied warranty of habitability and for negligence filed by The Residences at Ivy Quad Unit Owners Association Inc. against defendants Matthews LLC, DMTM Inc., David Matthews and Velvet Canada. Finds David Matthews and Velvet Canada are builder-vendors and therefore could be held liable for breach of the implied warranty of habitability. Also finds DMTM Inc. and Matthews LLC were not builder-vendors. Finally, finds that although the economic loss doctrine may preclude recovery on the negligence claim as the facts mature, dismissal at this stage is premature. Remands for proceedings consistent with the opinion.
Court of Appeals of Indiana
Britni N. Wihebrink v. State of Indiana
21A-CR-1749
Criminal. Affirms Britni Wihebrink’s sentence to 30 years, entered pursuant to a plea agreement capping her sentence for a Level 1 felony at 30 years. Finds that because Wihebrink’s argument is not one of illegality under Crider v. State, 984 N.E.2d 618 (Ind. 2013), she did not have the right to challenge her sentence on direct appeal because her plea agreement waived the right to appeal her sentence. Also finds Wihebrink is not an “eligible defendant” under Post-Conviction Rule 2. Judge Edward Najam dissents with separate opinion.
Court of Appeals of Indiana
Joy Adebola Adewopo v. Cheedy Thomas Jaja (mem. dec.)
21A-DC-880
Domestic relations with children. Affirms the division of martial assets arising from the dissolution of the marriage of Joy Adebola Adewopo and Cheedy Thomas Jaja. Finds the Hendricks Superior Court did not abuse its discretion by including certain items in the marital pot, including a house, Adewopo’s property interest in her inherited properties in Africa and Jaja’s student loans. Also finds the trial court did not err by equally dividing the martial estate between the parties.
Court of Appeals of Indiana
Holli Sullivan, Secretary of State, in her Official Capacity v. National Election Defense Coalition
21A-PL-349
Civil plenary. Affirms the ruling that the Indiana secretary of state failed to demonstrate that records withheld from the National Election Defense Coalition were excepted from disclosure under the Indiana Access to Public Records Act, as well as the award of attorney fees to NEDC. Finds the Marion Superior Court did not err in ordering the secretary to disclose documents for which it had not proven an exception applied. Also finds NEDC is entitled to reasonable trial and appellate attorney fees for substantially prevailing in this litigation. Remands for the trial court to award a reasonable appellate attorney fee.
Court of Appeals of Indiana
Patrick Smith v. State of Indiana (mem. dec.)
21A-CR-492
Criminal. Reverses the sex offender conditions of Patrick Smith’s probation, including the requirement that he register as a sex offender following his conviction of Class D felony battery of a child. Finds that, given the limited record on appeal, the Parke Circuit Court abused its discretion by imposing sex offender probation conditions as part of Smith’s sentence. Remands with instructions to vacate the sex offender conditions.
Indiana Supreme Court
State of Indiana v. Conner Katz
20S-CR-632
Criminal. Reverses on direct appeal the Steuben Circuit Court’s dismissal of Conner Katz’s case after the trial court determined Indiana Code section 35-45-4-8 was unconstitutional on state and federal levels. Justices unanimously disagree with the trial court, concluding the state sufficiently alleged an offense and that the statute is constitutional. Remands for further proceedings consistent with the opinion.
Court of Appeals of Indiana
Sudhakar Kunwar v. State of Indiana (mem. dec.)
21A-PC-526
Post-conviction. Reverses the denial of Sudhakar Kunwar’s petition for post-conviction relief from his guilty plea of guilty to Level 6 felony sexual battery. Finds his guilty plea was not knowingly, intelligently and voluntarily entered and Kunwar is entitled to a new initial hearing. Remands for further proceedings. Judge Elaine Brown dissents with a separate opinion.
Indiana Supreme Court
I.J. v. State of Indiana
22S-JV-14
Juvenile. Grants petition to transfer, vacates the Court of Appeals of Indiana’s decision and dismisses as moot a discretionary interlocutory appeal from juvenile I.J. challenging her placement at the Youth Opportunity Center. Justices of the Indiana Supreme Court conclude they are not convinced the COA opinion correctly advises courts regarding competency related treatment before Indiana Code § 31-37-26 takes effect on Dec. 31.
Court of Appeals of Indiana
Ceres Solutions Cooperative, Inc., v. Estate of Kathryn Bradley, et al.
21A-CT-377
Civil Tort. Affirms Pulaski Superior Court’s denial of Ceres’ summary judgment motion related to Kathy Bradley and reverses the trial court’s grant of Ceres’ summary judgment motion regarding Kathy’s son, Eric Bradley. Finds Kathy’s husband, Kenneth Bradley, meets the requirement of the Bystander Rule and can proceed with his claim for negligent infliction of emotional distress.
Court of Appeals of Indiana
Shaun A. Smith v. State of Indiana
21A-CR-956
Criminal. Affirms Shaun A. Smith’s conviction of Level 5 felony dealing in methamphetamine. Finds the Cass Superior Court did not abuse its discretion by admitting into evidence a redacted report compiling text messages that were extracted from Smith’s cellphone. Also finds that any error would have been harmless.
Court of Appeals of Indiana
G.S., Jr. v. H.L.
21A-JP-1382
Juvenile paternity. Affirms the Hendricks Superior Court’s order granting A.L. (stepfather) sole legal and primary physical custody of J.S. (child), who was born to H.L. (mother) and G.S. Jr. (father). Finds father has not persuaded the COA that the trial court abused its discretion by awarding custody to stepfather.
Court of Appeals of Indiana
Jermaine Dewayne Marshall v. State of Indiana
21A-CR-1123
Criminal. Reverses Jermain Dewayne Marshall’s conviction for criminal trespass as a Class A misdemeanor. Finds the Vanderburgh Superior Court denied due process to Marshall, who was incarcerated and representing himself, when it proceeded with the bench trial even though the defendant had not been given all the evidence, affidavits and other documents related to his case.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Brenda L. Wilder v. Kilolo Kijakazi, Acting Commissioner of Social Security
21-1607
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms the Northern Indiana District Court’s order upholding the denial of Social Security disability benefits to Brenda Wilder. Finds the administrative law judge did not err in not considering whether Wilder met or equaled Listing 11.17(a), or when it didn’t request the opinion of a medical expert. Also finds the ALJ’s decision was supported by substantial evidence.
Court of Appeals of Indiana
Frank E. Minges, III v. State of Indiana
21A-CR-216
Criminal. Affirms the denial of Frank E. Minges III’s motion to compel discovery of a complete and accurate copy of the police report that outlined the events resulting in Minges being charged with two counts of misdemeanor operating while intoxicated. Finds that under Keaton v. Circuit Court of Rush County, 475 N.E.2d 1146 (Ind. 1985), the Dearborn Superior Court did not err in declining Minges’ request for unredacted copies of the police reports, but urges the Indiana Supreme Court to revisit Keaton. Judge L. Mark Bailey concurs with separate opinion.
Court of Appeals of Indiana
W.A. Griffin, M.D. v. International Medical Group (mem. dec.)
21A-CC-1511
Civil collections. Affirms the dismissal of Dr. W.A. Griffin’s complaint against International Medical Group Inc. for breach of contract and bad faith after IMG refused to pay for medical services Griffin provided to a patient. Finds IMG was not the patient’s insurer. Also finds that Griffin’s claims are based on the patient’s invalid assessment of her health insurance benefits.