Opinions Feb. 28, 2019

The following Indiana Supreme Court opinions were posted after IL deadline Wednesday.
Zachariah J. Marshall v. State of Indiana
18S-CR-464
Criminal. Affirms the Porter Superior Court’s denial of Zachariah Marshall’s motion to suppress evidence from his traffic stop for speeding. Finds there are sufficient articulable facts to give an officer reasonable suspicion that Marshall was speeding. Finds the traffic stop was reasonable in view of the totality of the circumstances.

State of Indiana v. Beth A. Neff,
18S-IF-478
Infraction. Affirms the trial court’s judgment in favor of Yorktown clerk-treasurer Beth Neff. Finds Neff’s failures and errors did not have a significant impact on the day-to-day operations of her office, and that those errors resulted in nonfeasance of at least one duty, but not all of her duties. Concludes that because the state has not shown that Neff’s failures and errors constitute a general failure, Neff is not subject to removal from her elected office.

Indiana Court of Appeals
Jesse L. Rose v. State of Indiana
09A04-1708-PC-1759
Post conviction. Affirms the denial of Jesse L. Rose’s petition for post-conviction relief from his four convictions of Class A felony child molesting. The Cass Superior PCR court provided a procedurally fair hearing and adequate findings of fact and conclusions of law.

David Martin v. Jose Ramos
18A-SC-1648
Small claims. Reverses the Allen Superior Small Claims Court’s denial of a motion to correct error on its ruling that David Martin failed to prove Jose Ramos caused an accident in which Martin claimed injury. Finds the court’s conclusion contrary to law. Finds no expert testimony was required due to the lack of complexity of the issues before the court. Remands for proceedings.

Jordan B. Wadle v. State of Indiana
18A-CR-1465
Criminal. Affirms in part, reverses in part and remands to the Fayette Superior Court Jordan B. Wadle’s conviction of Level 3 felony leaving the scene of an accident, Level 5 felony operating a vehicle while intoxicated causing serious bodily injury, Level 6 felony OWI endangering a person, and Class C misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.08 or more. Reverses Wadle’s convictions for OWI causing serious bodily injury, OWI endangering a person, operating a vehicle with an ACE of 0.08 or more as impermissible double jeopardy. Also finds that the evidentiary facts used to elevated one of Wadle’s convictions were also used to establish all the elements of a second conviction in violation of the actual evidence test.

Anthony Rose v. Martin's Super Markets L.L.C., Martin's Super Markets of Elkhart East L.L.C., Martin's Super Markets of Elkhart L.L.C., and Martin's Super Markets Inc.
18A-CT-1654
Civil tort. Affirms summary judgment in favor of Martin’s defendants on Rose’s negligence complaint resulting from Rachelle Godfread’s killing by a gunman inside a Martin’s Super Market in Elkhart. Concludes the store, as a matter of law, did not have a duty to Godfread either before or after the shooting began, because it was not reasonably foreseeable for a grocery store to expect death by gunfire to befall a customer.

Jon R. Grdinich and JRG, LLC, an Indiana Limited Liability Corporation v. Plan Commission for the Town of Hebron, Indiana, and Town of Hebron, Indiana, and Town Council for the Town of Hebron, Indiana
18A-PL-1050
Civil Plenary. Affirms in part, reverses in part and remands the to Porter Superior Court Jon R. Grdinich’s second amended counterclaim against the Hebron parties in a dispute over a pond Grdinich constructed on his property in the town. Reverses dismissal of five of seven claims Grdinich brought against the town and remands for proceedings.

Randy M. Blecher v. State of Indiana (mem. dec.)
18A-CR-1360
Criminal. Affirms Randy Blecher’s 12-year sentence for conviction of Level 4 felony sexual misconduct with a minor. Finds Blecher’s sentence is not inappropriate. Judge John Baker dissents with a separate opinion, finding the state’s recommended six-year sentence is inappropriate due to Blecher’s low reoffend risk, lack of criminal history, guilty plea and expressed remorse.

Robert E. Murphy v. State of Indiana (mem. dec.)
53A01-1711-PC-2774
Post conviction. Affirms the Monroe Circuit Court’s denial of Robert Murphy’s petition for post-conviction relief. Finds Murphy has not met his burden to show that the post-conviction court clearly erred in determining that he failed to demonstrate that he received ineffective assistance of trial counsel.

In Re the Matter of: J.L. and Jo.L., Children in Need of Services; T.L. (Father) and J.L. (Mother) v. The Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
18A-JC-1843
Juvenile CHINS. Affirms the Marion Superior Court’s order adjudicating J.L and Jo.L. as children in need of services. Finds there is sufficient evidence to support the CHINS determination. Finds the trial court’s decision was not clearly erroneous.

Tyler Flota v. State of Indiana (mem. dec.)
18A-CR-1950
Criminal. Affirms the Vanderburgh Circuit Court finding Tyler Flota in direct contempt. Finds the trial court did not abuse its discretion.

Jeremy Roberts v. State of Indiana (mem. dec.)
18A-CR-1184
Criminal. Affirms Jeremey Roberts’ conviction of Level 6 felony invasion of privacy in Marion Superior Court. Finds the evidence was sufficient to establish that Roberts had a prior invasion of privacy conviction to support the enhancement of his current conviction from a Class A misdemeanor to a Level 6 felony.

Jonathan D. Taylor v. State of Indiana (mem. dec.)
18A-CR-2306
Criminal. Affirms Jonathan Taylor’s eight-year sentence for conviction of Level 4 felony burglary. Finds the Bartholomew Circuit Court did not abuse its discretion in sentencing Taylor.

Thomas De Cola v. Starke County Commissioners (mem. dec.)
18A-CT-2239
Civil tort. Affirms the Pulaski Circuit Court’s grant of summary judgment in favor of Starke County Commissioners. Finds De Cola’s claims were barred due to his failure to file a timely Indiana Tort Claims Act notice. Also finds the trial court correctly concluded that the commissioners were entitled to summary judgment as a matter of law.

Fernando Pedroza v. State of Indiana (mem. dec.)
18A-CR-2237
Criminal. Affirms Fernando Pedroza’s 50-year sentence for conviction of Class A felony burglary and Class B felony robbery. Finds Pedroza’s sentence in Shelby Superior Court is not inappropriate in light of the nature of the offenses or his character.

Terry M. Farmer v. Indiana Real Estate Appraiser Licensure and Certification Board (mem. dec.)
18A-PL-2540
Civil plenary. Reverses and remands the Marion Circuit Court’s dismissal of Terry Farmer’s petition for judicial review. Finds the trial court erred when it dismissed Farmer’s petition seeking judicial review of the Indiana Real Estate Appraiser Licensure and Certification Board’s denial of his petition for a new administrative law judge.

In Re: The Estate of Helen L. Opdycke (mem. dec.)
18A-ES-2236
Estate. Dismisses Douglas G. Opdycke’s appeal of the Dekalb Circuit Court’s order denying his petition to reopen the estate of Helen Opdycke. Finds Douglas does not develop a cogent argument with respect to Trial Rule 60(B). Concludes he waived his arguments.

Sarah McClellan v. State of Indiana (mem. dec.)
18A-CR-2277
Criminal. Affirms the Wells Superior Court’s reinstatement of a portion of Sarah McClellan’s previously suspended sentence. Finds the trial court did not abuse its discretion in its order.

In Re the Matter of the Termination of the Parent-Child Relationship of R.P.; S.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2152
Juvenile termination. Affirms the termination of S.P.’s parent-child relationship with her son, R.P. Finds there is sufficient evidence to support the termination order from Monroe Circuit Court.

In Re The Matter of: My.B. and M.Q., Children in Need of Services, M.B. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JC-2159
Juvenile CHINS. Affirms the adjudication of M.Q. and My.B. as children in need of services. Finds there is sufficient evidence to support the Marion Superior Court’s termination order.

David Ashby v. State of Indiana (mem. dec.)
18A-CR-1200
Criminal. Affirms David Ashby’s 30-year sentence for conviction of Level 2 felony burglary involving the use of a deadly weapon. Finds Ashby has failed to establish reversible error in both the admission of evidence and the deputy prosecutor’s conduct in Floyd Superior Court. Finds Ashby’s sentence is not inappropriate.

In the Matter of the Termination of the Parent-Child Relationship of C.C., Mother, Z.A.C., Father, and M.J.C., Child, Z.A.C. v. Indiana Department of Child Services (mem. dec.)
18A-JT-2344
Juvenile termination. Affirms the termination of Z.A.C.’s parental rights to his minor child M.J.C. Finds the LaGrange Circuit Court did not clearly err in concluding that there is a reasonable probability that the conditions that resulted in M.J.C.’s placement outside the home would not be remedied.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: Ky.H. and Ka.H. (Minor Children), and C.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2716
Juvenile termination. Affirms the termination of C.H.’s parental rights to his minor children Ky.H. and Ka.H. Finds the Department of Child Services presented clear and convincing evidence to support the Huntington Circuit Court’s order terminating C.H.’s parental rights to the Ky.H. and Ka.H.

In re the Matter of the Adoptions of E.M.M., III, E.E.M., E.M.M., E.W.M., and E.R.M. (Minor Children), E.A.M. and E.M.M., Jr. v. E.M., Sr., and M.M. (mem. dec.)
18A-AD-1942
Adoption. Affirms the Morgan Superior Court’s order granting adoption petitions filed by grandparents E.M., Sr. and M.M. to adopt E.M.M., III, E.E.M., E.M.M., E.W.M., and E.R.M. Fids the trial court properly found that parents E.A.M. and E.M.M., Jr.’s consent to adoption was unnecessary.  

Wayne Williams v. State of Indiana (mem. dec.)
18A-CR-1620
Criminal. Affirms the Lake Superior Court’s denial of Wayne Williams’ motion to correct erroneous sentence. Finds the trial court did not abuse its discretion. Also finds Williams’ claims of police and prosecutorial misconduct with respect to his habitual offender allegation are foreclosed by res judicata.