Opinions Dec. 5, 2018

Indiana Supreme Court
Kevin Andrew Schuler v. State of Indiana
31S00-1703-LW-134
Life without parole. Affirms the Harrison Superior Court’s conviction of Kevin Shuler for murder. Finds Shuler’s Miranda rights were not violated, there was sufficient evidence to support his 65-year sentence, and Shuler’s sentence is appropriate. Remands for a new, more specific sentencing statement consistent with Harrison v. State.

State of Indiana and Indiana Bureau of Motor Vehicles v. Daniel Reinhart
18S-MI-286
Miscellaneous. Affirms the Adams Superior Court’s order granting Reinhart’s petition for specialized driving privileges. Finds that under Ind. Code § 9-30-10-16 (2014), a conviction modification from a Level 6 felony to a Class A misdemeanor results in a court-ordered suspension rather than an administrative suspension.

Richardson's RV, Inc. v. Indiana Department of State Revenue
18S-TA-22
Tax. Reverses the Indiana Tax Court and enters summary judgment in favor of the Indiana Department of Revenue on the issue of whether Richardson’s RV could avoid Indiana sales tax by taking RVs sold to out-of-state customers into Michigan before handing over the keys. Finds Richardson’s structured the Michigan deliveries solely to avoid taxes with no other legitimate business purpose. Remands for a determination of the amount of tax Richardson’s owes and for a determination of whether any independent, non-tax-related business purposes motivated four isolated deliveries to other locations in the United States and Canada. Justices Steven David and Geoffrey Slaughter dissent with separate opinions.

Indiana Court of Appeals
Joshua Sage v. State of Indiana
18A-CR-1557
Criminal. Affirms Joshua Sage’s conviction of two counts of murder. Finds the trial court acted within its discretion when it admitted Sage’s voluntary confession into evidence. Finds there is sufficient evidence to prove the offenses beyond a reasonable doubt.

Hamilton Southeastern Utilities v. Indiana Utility Regulatory Commission; Indiana Office of Utility Consumer Counselor; and Apartment Association of Indiana, Inc.
93A02-1612-EX-2742
Agency action. On remand from the Indiana Supreme Court, concludes that the IURC’s order in a utility rate case disallowing HSE’s requested 3 percent contractor SAMCO hourly billing rate increase and 10 percent management fee was unsupported by substantial evidence, unreasonable, and arbitrary. Again reverses the commission on the SAMCO expenses issue and remands for it to make additional findings to support its decision or for a recalculation of HSE’s rate.

Kevin Michael Barber v. State of Indiana
18A-CR-308
Criminal. Affirms Monroe Circuit Court’s denial of Kevin Barber’s motion to modify his sentence. Finds the sentencing modification statute, Indiana Code section 35-38-1-17, covers only individuals currently imprisoned. It does not expressly allow trial courts to modify the sentence of a convicted person who is on parole.

In the Matter of the Guardianship of Christopher Lindroth, a Disabled Adult; Hartford Underwriters Insurance Company v. Marcia Dempe, as Guardian of the Person, et al.
45A04-1711-GU-2685
Guardianship. Vacates a Lake Superior Court order for Hartford to pay $1.9 million in attorney fees to the guardianship of Christopher Lindroth. Finds the court did not have jurisdiction to calculate an award of fees based on an underlying matter being adjudicated by the Illinois Worker’s Compensation Commission.

Gary A. VanVleet v. State of Indiana (mem. dec.)
18A-CR-784
Criminal. Affirms Gary VanVleet’s conviction of Level 5 felony operating a motor vehicle after forfeiture of license for life. Finds there is sufficient evidence to prove VanVleet was the individual driving the vehicle in question.

Jennifer Lynn Hand v. State of Indiana (mem. dec.)
18A-CR-890
Criminal. Affirms in part, reverses in part and remands with instructions. Finds there is sufficient evidence that Jennifer Hand committed theft. Finds the Grant Superior Court abused its discretion when it entered a restitution order as a condition of her probation without inquiring into Hand’s ability to pay.

Centennial Park, LLC v. Highland Park Estates, LLC (mem. dec.)
18A-PL-764
Civil plenary. Affirms the Monroe Circuit Court’s order granting the request of Highland Park Estates, LLC for a permanent injunction. Finds the trial court did not err in its decision.

Melody Helmbrecht v. State of Indiana (mem. dec.)
18A-CR-1965
Criminal. Affirms Melody Helmbrecht’s conviction of Level 6 felony battery of a disabled person. Finds the Vanderburgh Superior Court did not abuse its discretion in sentencing her.

In the Matter of: Pa.J. and Pi.J. (Minor Children), Children in Need of Services and M.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JC-495
Juvenile CHINS. Reverses and remands the Dearborn Circuit Court’s order finding M.J.’s two children to be children in need of services. Finds the Department of Child Services did not prove by a preponderance of the evidence that M.J.’s children were seriously endangered or that the coercive intervention of the court was necessary to ensure their care. Finds the trial court erred by adjudicating the children as CHINS.

Xavier D. Jones v. State of Indiana (mem. dec.)
18A-CR-406
Criminal. Affirms the Madison Circuit Court’s denial of Xavier Jones’ motion to correct alleged errors from proceedings resulting in his convictions of Level 1 felony attempted child molesting and Level 4 felony child molesting. Finds J.G.’s testimony was not incredibly dubious and there is no proof the jury considered improper prejudicial information during deliberations. Finds the trial court did not err.

Meleeka Clary-Ghosh v. Michael Ghosh (mem. dec.)
18A-DR-821
Domestic relation. Affirms in part, reverses in part, remands with instructions. Finds the Hamilton Superior Court did not abuse its discretion in denying Meleeka Ghosh’s petition to modify custody and parenting time. Finds the trial court did not abuse its discretion by ordering her to pay Michael Ghosh’s attorney fees. Finds the trial court abused its discretion in denying Meleeka’s petition to modify her child support obligation.

Johnathon Dalton v. State of Indiana (mem. dec.)
18A-CR-1268
Criminal. Affirms Johnathon Dalton’s conviction in Clinton Superior Court of Level 6 felony intimidation. Finds there is sufficient evidence to support the conviction.

Robert Parker v. State of Indiana (mem. dec.)
18A-CR-1582
Criminal. Affirms Robert Parker’s 16-year sentence for conviction of Level 3 felony dealing in a narcotic drug. Finds the Howard Superior Court did not abuse its discretion and that his sentence is not inappropriate in light of the nature of the offense and his character. Remands to the trial court for the recalculation of Parker’s credit time.

Z.T. v. State of Indiana (mem. dec.)
18A-JV-1656
Juvenile. Affirms the Elkhart Superior Court’s dispositional order committing Z.T. to the Indiana Department of Correction. Finds it was not erroneous for the juvenile court to modify Z.T.’s disposition by placing him in the DOC.

Daniel T. Harrison v. State of Indiana (mem. dec.)
18A-CR-1840
Criminal. Affirms Daniel Harrison’s conviction of Level 5 Felony battery resulting in bodily injury on a pregnant woman. Finds there is sufficient evidence to support the conviction. Remands to the trial court to formally vacate two convictions that were merged into the Level 5 felony conviction.

Gail Miller v. State of Indiana (mem. dec.)
18A-CR-1554
Criminal. Affirms Gail Miller’s conviction of Class A misdemeanor possession of marijuana. Finds the Marshall Superior Court did not err by admitting evidence stemming from a traffic stop.

Daniel W. McCarty v. State of Indiana (mem. dec.)
18A-CR-1166
Criminal. Affirms Daniel McCarty’s for his conviction of Class D felony intimidation and Class B misdemeanor public intoxication. Finds the Randolph Superior Court did not abuse its discretion in admitting certain evidence.

Valerie D. Alexander v. Angela F. Trapp; Trapp Law, LLC; and Lisa Alexander (mem. dec.)
18A-PL-1257
Civil plenary. Affirms the Marion Superior Court’s order granting a motion for judgment on the pleadings under Indiana Trial Rule 12(C) filed by Angela Trapp and Lisa Alexander. Finds the trial court properly granted the motions.

Harold D. Holding and Herbert C. Holding v. Harry R. Holding, Karen M. Holding, Northwest Towing and Recovery, Inc., Northwest Towing and Recovery of Muncie, LLC, et al. (mem. dec.)
18A-PL-836
Civil plenary. Affirms the Delaware Circuit Court’s order granting partial summary judgment in favor of Harry Holding, Karen Holding and three corporate entities. Finds the trial court did not err by finding that some of Harold and Herbert Holding’s claims are barred by the statute of limitations.

R.W. v. State of Indiana (mem. dec.)
18A-JV-869
Juvenile. Affirms R.W.’s adjudication as a juvenile delinquent for his conviction of Level 6 felony neglect of a dependent if committed by an adult. Finds there is sufficient evidence to support the judgment out of Grant Superior Court.