Opinions

Indiana Court of Appeals 

Stephanie J. Reagan v. State of Indiana

20A-CR-907

Criminal. Majority affirms Stephanie Reagan’s conviction of Level 6 felony possession of cocaine and Class C misdemeanor possession of marijuana based on evidence obtained in part by a strip search as she was being processed in the Marion County Jail. Judge Leanna Weissmann dissents and would find the state failed to prove the strip search was reasonable under Article I, Section 11 of the Indiana Constitution. She would reverse the judgment based on the admission of the evidence and remand for proceedings.

Indiana Court of Appeals
State of Indiana v. Axel Domingo Diego
20A-CR-227
Criminal. Affirms on rehearing the grant of Axel Diego’s motion to suppress his statement to police. Grants the motion for rehearing in order to clarify that the State’s appeal is a discretionary interlocutory appeal brought pursuant to subsection 6 of Indiana Code Section 35-38-4-2. Remands to the Case Circuit Court for proceedings. Judge Nancy Vaidik concurs in result with separate opinion.

Indiana Court of Appeals
IPL Industrial Group, et al. v. Indianapolis Power and Light Company, et al.
20A-EX-800
Agency. Affirms the Indiana Utility Regulatory Commission’s order approving Indianapolis Power & Light Company’s proposed plan involving $1.2 billion in system investments over a seven-year period. Holds that the commission properly admitted IPL’s work papers by administrative notice; the commission properly determined that the costs of the eligible improvements included in the Proposed Plan are justified by their incremental benefits; and the commission’s findings are sufficiently specific to enable appellate review of its decision.

Indiana Court of Appeals
State of Indiana v. Justin Jones
20A-CR-00664
Criminal. Affirms the Marion Superior Court’s order that the state produce a confidential informant for an interview with Justin Jones’ counsel. Finds that the state did not meet its burden to demonstrate that the CI’s identity would be revealed. Concludes that the trial court did not abuse its discretion when it granted Jones’ motion to compel.

Indiana Court of Appeals
Nathan Kluger and Laura Kluger v J.J.P. Enterprises, Inc. d/b/a SERVPRO of North Lexington
20A-PL-235
Civil plenary. Reverses the grant of partial summary judgment in favor of J.J.P. Enterprises Inc. d/b/a Servpro of North Lexington and against Nathan and Laura Kluger. Finds that the $150 contract-price threshold under Indiana’s Home Improvement Contracts Act has been satisfied as a matter of law in this instance, so the Posey Circuit Court erred in granting Servpro’s motion for partial summary judgment. Remands with instructions that the trial court enter partial summary judgment in the Klugers’ favor and to conduct further proceedings consistent with the opinion.

Indiana Court of Appeals
Jerome W. Gibbs v. State of Indiana
20A-CR-770
Criminal. Reverses Jerome Gibbs’ Level 5 felony conviction and remands the matter to the Marion Superior Court with instructions to enter a conviction and sentence for Class A misdemeanor domestic battery. Finds that the evidence that Gibbs was Tonja Smith’s boyfriend and that he was with her while she was on her scooter was an insufficient basis on which to conclude Gibbs voluntarily assumed care of Smith.

Indiana Court of Appeals
Matthew S. Reed v. State of Indiana (mem. dec.)
20A-CR-354
Criminal. Affirms Matthew Reed’s convictions for 10 counts of Level 1 felony child molesting. Finds the Whitley Circuit Court properly admitted Detective Lorrie Freiburger’s testimony and the photograph of the anal lubricant. Also finds the evidence was sufficient to sustain Reed’s convictions in Counts VI through X.

Indiana Supreme Court
Indiana Land Trust Company, f/k/a Lake County Trust Company TR #4340 v. XL Investment Properties, LLC and LaPorte County Auditor
20S-MI-62
Miscellaneous. Affirms the LaPorte Superior Court’s denial of Indiana Land Trust Company’s motion to set aside a tax deed related to Trust 4340. Finds that the LaPorte County auditor provided adequate notice and was not required to search its internal records for a better tax sale notice address when the notice sent via certified mail was returned as undeliverable.

The following 7th Circuit Court of Appeals was posted after IL deadline Friday.
Common Cause Indiana v. Connie Lawson, et al.
20-2877
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Reverses preliminary injunction blocking Indiana from enforcing the 2019 amendments to Indiana Code sections 3-11.7-2, 3-11.7-3 and 3-11.7-4. Finds the amendments that prevent individual voters from petitioning state courts to extending polling hours on Election Day do not unconstitutionally burden Hoosiers’ fundamental right to vote. Rules because Indiana voters still can seek remedy in the courts under 42 U.S.C. section 1983, the amendments do not violate the Supremacy Clause. Holds even if voters have a liberty interest in statutorily established poll hours, the amendments do not deprive them of that interest. Finally, concludes that Purcell v. Gonzalez, 549 U.S. 1, 4 (2006) applies to the case at hand.

Indiana Court of Appeals
Shalee C. Dowell v. State of Indiana
19A-CR-2623
Criminal. Reverses Shalee Dowell’s conviction of Level 6 felony maintaining a common nuisance and remands to the Perry Circuit Court to vacate the conviction and sentence, reducing her aggregate meth-dealing-related sentence from 23 to 21½ years in prison. The evidence was insufficient to support the conviction because the state lacked proof that the vehicle Dowell used in the underlying crime was used in more than one drug transaction.

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Timothy J. Brown v. Indiana Department of Environmental Management
20S-MI-609
Miscellaneous. Grants transfer and vacates a portion of the Indiana Court of Appeals’ affirming opinion in Timothy Brown’s case against IDEM, finding that the law-of-the-case doctrine “is applicable only when an appellate court determines a legal issue, not a trial court.” Finds that the COA need not have reached so broad a conclusion to resolve the issue. Otherwise affirms the Marion Superior Court’s conclusion that the law-of-the-case doctrine does not apply in this case’s specific circumstances.

Indiana Supreme Court
Stanley V. Watson v. State of Indiana
20S-CR-64
Criminal. Reverses the denial of Stanley Watson’s motion to dismiss a retrial of the habitual offender allegation against him for violations of Indiana Criminal Rule 4(C). Finds that although Criminal Rule 4(C) does not apply to a habitual offender retrial, Watson’s constitutional right to a speedy trial in Ripley Circuit Court was violated by the extraordinary six-plus-year delay in beginning his retrial. Remands with instructions to vacate Watson’s habitual offender enhancement. Justice Geoffrey Slaughter concurs except as to Part II.C. without separate opinion.

Indiana Court of Appeals
Jordan Allen Temme v. State of Indiana
20A-CR-275
Criminal. Affirms the denial of Jordan Allen Temme’s motion for the Vanderburgh Superior Court to apply the doctrine of “credit for time erroneously at liberty” after he was erroneously released from incarceration. Finds that the Department of Corrections’ inadvertent and quickly discovered error does not operate under the law of the state to cancel any part of Temme’s punishment for the crimes for which he was justly convicted and sentenced. Also finds the trial court did not err in denying Temme’s motion.

Timothy A. Cooper v. State of Indiana (mem. dec.)
20A-CR-00855
Criminal. Affirms Timothy Cooper’s Level 5 felony conviction in Tippecanoe Superior Court of failure to register as a sex or violent offender with a prior conviction. Finds the evidence was sufficient and Cooper has not demonstrated that he was harmed by the jury seeing him in shackles and in custody.

Indiana Court of Appeals
Sydney Renner v. Trevor J. Shepard-Bazant
19A-CT-02745
Civil tort. Reverses the Lake Superior Court’s denial of Sydney Renner’s motion to correct error, in which she asked for an increased damages award stemming from a car crash involving Trevor Shepard-Bazant. Finds the trial court’s treatment of Renner’s prior two concussions as separate incidents, rather than as contributing to Renner’s injuries and damages arising from the auto accident, was against the logic and effect of the facts and circumstances before the court and resulted in error in the calculation of damages. Remands for a retrial.

Indiana Supreme Court
In the Matter of the Termination of the Parent-Child Relationship of K.R., J.T.R, J.L.R., & E.R. (Minor Children); A.B. (Mother) and J.R. (Father) v. Indiana Department of Child Services
20S-JT-63
Juvenile termination. Affirms Steuben Circuit Court’s decision to admit drug test results, finding the results fit the records of a regularly conducted activity exception pursuant to Indiana Evidence Rule 803(6). Held Forensic Fluid Laboratories which conducted the tests on the parents does depend on the records to operate. Also, determined the records met the other indicia for reliability including they are subject to review, audit or internal check; the precision engendered by the repetition; and the fact that the person furnishing the information has a duty to do it correctly.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Common Cause Indiana et al. v. Connie Lawson et al.
20-2911
Appeal from the United States District Court fort the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Reverses an injunction enjoining enforcement of Indiana law requiring the absentee ballots be received by election officials by noon on Election Day for those votes to be counted. Grants the state’s motion for a stay of the injunction, finding that “(a)s long as it is possible to vote in person, the rules for absentee ballots are constitutionally valid if they are supported by a rational basis and do not discriminate based on a forbidden characteristic such as race or sex.”

Indiana Court of Appeals
Clay Kelley v. Kristy Kelley, Deceased, b/n/f Kenneth Todd Scales
20A-MI-679
Miscellaneous. Dismisses Clay Kelly’s appeal of the Warrick Superior Court’s denial of his motions to quash a nonparty subpoena, for contempt and for sanctions, finding Clay was neither a named party nor an intervenor in the trial court and therefore lacked standing to bring the appeal. Denies on cross-appeal Kristy Kelley b/n/f Todd Scales’ request for appellate attorney fees.

Indiana Court of Appeals
James L. Dodson, Jr. v. State of Indiana (mem. dec.)
20A-CR-89
Criminal. Affirms James L. Dodson Jr.’s conviction and aggregate sentence of more than 87 years for his conviction in Allen Superior Court of murder and criminal recklessness and an enhancement for using a firearm in the crime. Finds his sentence was not inappropriate and Dodson waived arguments or requested the court to impermissibly reweigh the evidence.

Indiana Supreme Court
Steven Glover, As Personal Representative of the Estate of Shelina M. Glover v. Allstate Property and Casualty Insurance Company
20S-CT-23
Civil tort. Vacates the Marion Superior court’s judgment and remands with instructions to grant the estate of Shelina Glover Robinson’s cross-motion for summary judgment. Holds that Shelina was an “insured person” under the policy and qualified as a “resident relative” because she lived with her parents, and her parents did not need to notify Allstate of her status because she was not an “operator” living within their household. Also finds that the policy’s anti-stacking provision does not limit an insured’s ability to recover under multiple UIM policies and that the policy’s offset provision reduces only the payments made on behalf of those persons directly liable for the injury.