Opinions Nov. 14, 2018

7th Circuit Court 
Richard N. Bell v. Vacuforce, LLC, Appeals of: Paul B. Overhauser
18-1368, 18-1159
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence. 
Civil. Affirms the Southern District Court’s imposition of sanctions on Paul Overhauser for filing a motion found to be frivolous and misleading. Finds the district court did not abuse its discretion in imposing sanctions for filing a motion for fees that was baseless and rested on “an infirm factual foundation.” Also rejects Overhauser’s notion that a party can “prevail” for purposes of a fee-shifting statute by paying a settlement and obtaining a dismissal with prejudice.  

Indiana Court of Appeals 
Michael Norris v. State of Indiana
18A-CR-86
Criminal. Reverses in part and affirms in part Michael Norris’ convictions for Level 4 felony possession of a firearm by a serious violent felon, Level 6 felony resisting law enforcement and Class A misdemeanor resisting law enforcement. Finds the state did not commit prosecutorial misconduct. Also finds Norris’ misdemeanor conviction for resisting law enforcement violates the continuous crime doctrine. Finally, finds the Marion Superior Court did not improperly sentence Norris. Remands remands with instructions for the trial court to vacate the Class A misdemeanor conviction and enter a new sentencing order and abstract of judgment to reflect the vacated conviction.

John DeWeese, Sr. and John DeWeese, Jr., Individually and d/b/a John & John Associates, Inc. v. Karen J. Pribyla
18A-PL-1505
Civil plenary. Affirms the Clay Circuit Court’s award of treble damages to Karen Pribyla based on John & John Associates uncured deceptive acts in failing to provide Pribyla with a written real property improvement contract, and the finding that John DeWeese, Sr. and John DeWeese, Jr. were not personally liable to Pribyla. Finds the trial court did not err.

Shane T. Wilson v. State of Indiana (mem. dec.)
18A-CR-233
Criminal. Affirms Shane Wilson’s 830-day sentence for his conviction of Level 6 felony attempted arson. Finds his sentence is not inappropriate in light of the nature of the offense and his character.

Charisse E. Taylor v. State of Indiana (mem. dec.)
18A-CR-543
Criminal. Affirms Charisse Taylor’s convictions for Level 4 felony dealing heroin in an amount greater than one gram but less than five grams and Level 5 felony dealing in cocaine. Finds the Rush Superior Court’s jury instruction on accomplice liability was not fundamentally erroneous. Also finds the prosecutor did not engage in misconduct amounting to fundamental error. Finally, finds there is sufficient evidence to support the convictions. 

V.E. v. A.S. (mem. dec.)
18A-PO-1226
Order of protection. Affirms the Hamilton Superior Court’s termination of V.E.’s ex parte order for protection and the denial of her request for an order of protection against A.S.  Finds the trial court’s determination that V.E. failed to prove that a sex offense occurred against her was supported by the record. 

Samuel M. Walker and Nancy Mae Walker v. Town of Orleans (mem. dec.)
18A-MI-839
Miscellaneous. Affirms the Orange Circuit Court’s judgment in favor of the Town of Orleans on its motion for costs against the Samuel and Nancy Mae Walker for not clearing debris from the area after their house caught on fire near the town square. Finds the Walkers did not carry their burden on appeal to demonstrate the trial court erred when it ordered the Walkers to clear the property by Dec. 12, 2016.

Richard E. Carter v. State of Indiana (mem. dec.)
18A-CR-1074
Criminal. Affirms Richard Carter’s conviction for Class A misdemeanor domestic battery. Finds the state presented sufficient evidence to rebut his claim that he had acted in self-defense.

James Short v. State of Indiana (mem. dec.)
18A-CR-1372
Criminal. Affirms James Short’s conviction of Level 6 felony possession of methamphetamine. Finds the Marion Superior Court did not abuse its discretion by admitting methamphetamine discovered during the warrantless search of Short’s residence because Short agreed to submit to a search of his residence by “any” probation or law enforcement officers. 

Gary J. Leyes v. State of Indiana (mem. dec.)
18A-CR-1396
Criminal. Affirms Gary Leyes placement in the Department of Correction following his convictions of three Level 6 felonies and his admission to being a habitual offender.  Finds Leyes has failed to establish his placement int eh DOC was inappropriate.

E.B. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
93A02-1712-EX-2997
Agency. Affirms the Review Board of the Indiana Department of Workforce Development’s dismissal of E.B.’s appeal based on his failure to timely appeal the determination that he was not entitled to unemployment benefits. Finds that because he makes no cogent argument or cites relevant case law, E.B. has waived appellate review. 

In the Matter of the Civil Commitment of: C.H. v. Options Behavioral Health System; In the Matter of the Civil Commitment of: L.C. v. Community Health Network; et al. (mem. dec.)
18A-MH-638
Mental health. Affirms the Marion Superior Court’s separate orders for C.H., L.C. and D.P. to be temporarily committed to mental-health facilities. Finds that although the orders are invalid because they were signed only by the commissioner who presided over the commitment hearings and not by the probate judge, the appellants did not raise the issue in trial court, so they have waived appellate review.  

Kevin L. Martin v. Arvil R. Howe and Charles W. Lahey (mem. dec.)
18A-CT-680
Civil tort. Dismisses Kevin Martin’s interlocutory appeal from the Sullivan Superior Court’s order to transfer venue over Martin’s civil complaint against Arvil R. Howe and Charles W. Lahey to St. Joseph County. Finds Martin failed to present an argument supported by cogent reasoning as it relates to the trial court’s decision to transfer venue. 

Waylon L. Sadler v. State of Indiana (mem. dec.) 
27A02-1711-CR-2562
Criminal. Affirms Waylon Sadler’s convictions for felony murder, Level 5 felony battery resulting in serious bodily injury, Level 3 felony criminal confinement resulting in serious bodily injury and Level 5 felony intimidation with a deadly weapon. Finds the Grant Circuit Court did not abuse its discretion in denying Sadler’s request to replace a seated juror with an alternate juror, nor in denying his motion for a mistrial or instructing the jury on sudden heat.