Opinions Oct. 18, 2018

Indiana Supreme Court
In the Matter of Edward R. Hall
98S00-1703-DI-152
Attorney discipline. Disbars Florida attorney Edward R. Hall from the practice of law in Indiana. Finds Hall committed attorney misconduct by disobeying a subpoena and causing another witness to do the same, neglecting clients’ cases and engaging in a pattern of dishonesty, among other things.

Indiana Court of Appeals
Gregory Wayne Parks v. State of Indiana
18A-CR-151
Criminal. Affirms Gregory Wayne Parks’ convictions of level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in marijuana and two counts of Level 6 felony possession of a controlled substance. The state provided sufficient evidence in Marion Superior Court that Parks constructively possessed the gun and drugs found in a bag behind the driver’s seat of the truck in which Parks was riding.
 
In the Matter of the Civil Commitment of L.J. v. Health and Hospital Corp. d/b/a Eskenazi Health CMHC
18A-MH-152
Mental health. Dismisses L.J.’s appeal as the trial court judge entered no final order of regular civil commitment as required by statute and instead signed an order under a separate cause number that purported to approve all decisions entered by commissioners and magistrate judges during the week L.J.’s commitment hearing was held. Remands for the Marion Superior Court to review whether the evidence in the record supports the commissioner’s determination and enter a final order as to L.J.’s civil commitment.

Franke Plating Works, Inc. v. The Cincinnati Insurance Company
49A02-1710-PL-2462
Civil plenary. Affirms the entry of summary judgment in favor of The Cincinnati Insurance Company and the denial of Franke Plating Works, Inc.’s motion to correct error. Finds Franke Plating did not satisfy the notice provisions in sections 4(a) and (b) of its 1987 insurance policy. Also finds Franke Plating’s delay in giving Cincinnati notice was unreasonable and prejudice is presumed. Finally, finds the trial court did not err in entering summary judgment in favor of Cincinnati. Judge Terry Crone concurs and dissents in part with separate opinion and would not have awarded summary judgment for Cincinnati.
 
Anthony Ector v. State of Indiana
49A02-1710-CR-2422
Criminal. Affirms Anthony Ector’s convictions of dealing in cocaine as a Level 2 felony, dealing in marijuana and possession of a narcotic drug, both as Level 5 felonies, and being a habitual offender. Finds the Marion Superior Court’s admission of evidence seized from a warrantless search of Ector’s vehicle did not violate his rights under Article 1, Section 11 of the Indiana Constitution.

In the Matter of the Termination of the Parent-Child Relationship of A.L., Mother, and E.L., Minor Child: A.L. v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
18A-JT-1039
Juvenile termination of parental rights. Affirms the termination of A.L.’s parental rights to E.L. Finds the Marion Superior juvenile court’s termination of A.L.’s parental rights was not clearly erroneous.
 
Shaun South v. State of Indiana (mem. dec.)
10A01-1712-CR-2990
Criminal. Affirms Shaun South’s conviction of burglary as a Level 5 felony and his status as a habitual offender. Finds South’s assertions that the Clark Circuit Court erred in denying his motion for a directed verdict and that the prosecutor engaged in misconduct fail because Indiana law clearly provides that a “building or structure of another person” under the burglary statute refers to a building owned or possessed by someone other than the defendant. Also finds the state provided sufficient evidence of South’s intent to steal items from the property to support his conviction of burglary.

Glenny Cornwell and James Cornwell v. Bloomington Housing Authority (mem. dec.)
53A01-1712-SC-2880
Small claims. Affirms the order for Glenny Cornwell to vacate a premises owned by the Bloomington Housing Authority after Cornwell failed to complete community service hours required by her lease agreement with BHA. Finds the Monroe Circuit Court’s judgment was not clearly erroneous.

Irwin McNeil Scott v. State of Indiana (mem. dec.)
18A-CR-355
Criminal. Affirms Irwin Scott’s aggregate 17-year sentence in the Department of Correction for his convictions of failure to remain at the scene of an accident as a Level 3 felony and resisting law enforcement as a Level 6 felony. Finds Scott’s sentence is not inappropriate.

John Dale Prgomelja v. State of Indiana (mem. dec.)
18A-CR-1300
Criminal. Affirms John Dale Prgomelja’s nine-year sentence in the Indiana Department of Correction, with one year suspended to probation, for his conviction of Level 3 felony child molesting. Finds Prgomelja’s sentence is not inappropriate.
 
Bradford M. Crowder v. State of Indiana (mem. dec.)
18A-CR-1024
Criminal. Affirms Bradford M. Crowder’s aggregate 61-year sentence for his convictions of 12 sex-related offenses involving his minor daughter. Finds Crowder’s sentence is not inappropriate.

Marlon Jackson v. State of Indiana (mem. dec.)
18A-CR-825
Criminal. Affirms Marlon Jackson’s conviction of possession of marijuana as a Class B misdemeanor. Finds Jackson’s appellate issues were already considered and decided on a prior interlocutory appeal, so the law of the case doctrine applies.

Ronald Rostochak v. State of Indiana (mem. dec.)
92A05-1710-CR-2316
Criminal. Dismisses Ronald Rostochak’s appeal of the denial of his petition for educational credit. Finds Rostochak has already received the educational credits he requests, so the appeal is moot.

Willie L. Joseph, Jr. v. Jacob M. Kelley (mem. dec.)
18A-CT-1059
Civil tort. Reverses the dismissal of Willie L. Joseph, Jr.’s complaint against Jacob M. Kelley for failure to prosecute. Finds the Elkhart Superior Court erred in granting an Indiana Trial Rule 41(E) motion to dismiss because it failed to conduct a hearing at which Joseph had the opportunity to show good cause for a delay in the case. Remands for either a Trial Rule 41(E) hearing or a reinstatement of Joseph’s actions.

Gramm Webster Smith v. State of Indiana (mem. dec.)
18A-CR-1105
Criminal. Affirms Gramm Smith’s five-year sentence, with four years served in the Indiana Department of Correction and one year on community corrections, for his convictions of criminal confinement and domestic battery in the presence of a minor. Finds Smith’s sentence is not inappropriate.