Opinions Nov. 16, 2018

Indiana Supreme Court 
In the Matter of Tia R. Brewer
18S-DI-299
Disciplinary. Suspends Marion attorney Tia Brewer from the practice of law for at least three years without automatic reinstatement. Finds Brewer committed attorney misconduct by neglecting clients’ cases, failing to appear at show cause hearings, failing to withdraw from cases when her abuse of cocaine rendered her unable to assist her clients, committing a crime that reflects adversely on her fitness as a lawyer and failing to cooperate with the disciplinary process. Justice Christopher Goff did not participate.

Indiana Court of Appeals
Ashley Reid v. State of Indiana
18A-CR-493
Criminal. Affirms the Bartholomew Superior Court’s order denying Ashley Reid’s motion to suppress evidence. Finds the trial court did not err in denying her motion and that Officer James Paris did not violate Reid’s Fourth and Fifth Amendment rights. Remands for further proceedings. 

Gerald F. Scott v. Cheryl Carrico (Dillman), Carla Cook (Dillman), and Rhonda K. Vance
59A01-1712-CT-2878
Civil tort. Affirms the Orange Circuit Court’s denial of Gerald Scott’s motion to dismiss his half-sisters’ tort claims against him as the executor of their mother’s estate. Finds Melvin Dillman’s daughters cannot obtain adequate relief within the estate because they were unaware of the loss of assets until after the probate code time limits had lapsed. Also finds the daughters rightfully filed their tort claims. 

Kimberly L. Eads v. Robert J. Eads, Jr.
18A-DR-249
Domestic relation. Affirms and reverses the dissolution decree ending Kimberly L. and Robert J. Eads’ marriage. Finds the Johnson Superior Court erred in calculating the coverture fraction because it included pension rights Robert earned after Kimberly filed for divorce. Also finds the trial court erred in ordering Robert to issue Kimberly a Form 1099-R each year. Finally, finds the trial court did not abuse its discretion in ordering each party to pay their own attorney’s fees, but finds the record does not support an award of rehabilitative maintenance. Remands with instructions. 

Mickell Biggs v. State of Indiana (mem. dec.)
18A-CR-198 
Criminal. Affirms Mickell Biggs’ 40-year sentence for his conviction of Class A felony child molesting, finding the sentence imposed by the Knox Superior Court is not inappropriate in light of his character and the nature of his crime. 

Demond R. Moore v. State of Indiana (mem. dec.)
18A-CR-1326 
Criminal. Affirms Demond Moore’s conviction of Level 3 felony aggravated battery, finding the evidence sufficient to sustain the conviction of the St. Joseph Superior Court.

Willie C. Napier v. State of Indiana (mem. dec.)
18A-CR-591 
Criminal. Affirms Willie C. Napier’s aggregate 36-year conviction following his guilty plea to three counts of Level 4 felony child molesting. The Ripley Circuit Court did not abuse its discretion in identifying aggravating factors, nor was the sentence inappropriate. 

Carl T. Winkley v. Patricia Z. Winkley (mem. dec.)
 82A04-1711-DR-2786 
Domestic relation. Affirms in part and reverses in part. Reverses the Vanderbugh Superior Court’s unequal distribution of martial property without required findings. The trial court did not abuse its discretion when it awarded sole physical custody of Carl and Patricia Winkley’s four minor children to Patricia. The court abused its discretion in ordering father to have supervised visitation with two children because the court did not make a specific finding that unsupervised parenting time might cause physical endangerment or emotional impairment to either of the two minor children. Remands to the trial court for reconsideration of orders concerning distribution of marital property and father’s parenting time.

A.C. v. State of Indiana (mem. dec.)
18A-JV-738 
Juvenile. Affirms the adjudication of A.C. as a delinquent child and his placement in the Department of Correction, finding no fundamental error or abuse of discretion by the Noble Superior Court.

Rickie Bill Gilliam v. State of Indiana (mem. dec.)
79A02-1706-PC-1390 
Post-conviction. Affirms the Tippecanoe Superior Court’s denial of Rickie Bill Gilliam’s petition for post-conviction relief, finding the court did not err and Gilliam did not receive ineffective assistance of post-conviction counsel.