Opinions June 27, 2019

Indiana Supreme Court
Michael Hodges v. State of Indiana
19S-MI-117
Miscellaneous. Affirms the turnover of cash seized from a parcel shipped by Michael Hodges and intercepted by an interdiction officer. Finds the totality of the circumstances established the necessary probable cause to believe the money was proceeds of drug trafficking.

In the Matter of Eq.W., M.W., A.W., S.W., and Ez.W. (Minor Children); V.B. (Mother) v. Indiana Department of Child Services
18S-JC-603
Juvenile CHINS. Affirms the finding that mother V.B. and father L.S.’s five children are children in need of services. Finds the doctrine of res judicata, specifically claim preclusion, applies to bar a repeated filing of a CHINS petition based on evidence that could have been produced in the first filing. Also finds that the issue was not properly raised in the Monroe Circuit Court. Finally, finds there was no fundamental error in the proceedings below. Justice Geoffrey Slaughter concurs in part and in the judgment with separate opinion, joined by Justice Mark Massa.

Cynthia Morrison, individually and on behalf of Ernest Morrison, deceased v. Ricardo Vasquez, M.D., et al; Indiana University Health Southern Indiana Physicians, Inc., et al. v. Charlene Noel
19S-CT-382
Civil tort. Affirms the trial court’s judgement in Morrison, and reverses the trial court’s judgment in Noel, holding that that a domestic organization’s actual principal office, and not the location of its registered agent, is the appropriate preferred venue. Holds that in light of new business corporation statutes, the location of the registered agent no longer determines preferred venue for either domestic or foreign corporations. Justice Geoffrey Slaughter dissents with separate opinion.

Indiana Court of Appeals
Donnell Wilson v. State of Indiana
18A-PC-3041
Post conviction. Reverses Donnell Wilson’s aggregate 181-year sentence for murder and other crimes. Finds that then-16-year-old Wilson received ineffective assistance of trial counsel and the trial court erred in not coming to the same conclusion. Remands with instructions to vacate Wilson’s sentences and to hold a new sentencing hearing that complies with Miller v. Alabama, 567 U.S. 460 (2012).

The Estate of Charles D. Benefiel, by and through its Co-Personal Representatives, Michael D. Benefiel and Andrea D. Kessner, et al. v. Wright Hardware Co., Inc.
18A-CT-2527
Civil tort. Reverses the Clinton Circuit Court’s verdict in favor of Wright Hardware Co., Inc. in a negligence case stemming from a propane gas explosion wherein Charles and Linda Benefiel were killed. Finds the trial court’s admission of a verbatim hearsay opinion that was read into evidence by the defense expert witness was prejudicial to the Estate of Charles D. Benefiel and the Estate of Linda D. Benefiel and amounted to reversible error. Remands for a new trial.

Harry Harrison v. Stanley Knight, et al.
18A-MI-2918
Miscellaneous. Finds Harry Harrison may not simply be held in custody until his original sentence expires, with no determination of probable cause for a parole violation. Remands with instructions for the Hendricks Superior Court to conduct a hearing on a rule to show cause directed to the Indiana Attorney General to show why Harrison is not entitled to immediate release subject to conditions of parole.

Darlene Kay Herran v. State of Indiana (mem. dec.)
18A-CR-3131
Criminal. Affirms the Henry Circuit Court’s home detention order and agreement, and its order to pay transcription costs for Darlene Herran following her guilty plea to Level 5 felony operating a motor vehicle after forfeiture for life. Finds Herran has not demonstrated she was prejudiced by any failure of the trial court to provide additional notice to her regarding the electronic monitoring of her home detention. Also finds the standard condition of the home detention order and agreement having the effect of precluding Herran from living with her spouse was not an abuse of the trial court’s discretion.

Joseph D. Wasserman v. State of Indiana (mem. dec.)
18A-CR-2932
Criminal. Affirms Joseph Wasserman’s 22-year sentence for conviction of Level 3 felony dealing in methamphetamine and his status as a habitual offender. Finds Wasserman has waived his right to appeal his sentence.

Darrell L. Berry v. State of Indiana (mem. dec.)
18A-CR-2916
Criminal. Affirms Darrell Berry’s four-year sentence for conviction of Level 5 felony battery. Finds the sentence is not inappropriate.

J.C. v. State of Indiana (mem. dec.)
18A-JV-3059
Juvenile. Affirms J.C.’s juvenile delinquency adjudication for what would be Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct if committed by an adult. Finds there is sufficient evidence to support the adjudication.

Harrington James Westbrook v. State of Indiana (mem. dec.)
19A-CR-113
Criminal. Affirms the denial of Harrington Westbrook’s motion to withdraw his guilty pleas to two counts of murder and his aggregate 60-year sentence. Finds Westbrook has not shown that the trial court abused its discretion by denying his motion for withdrawal of his guilty pleas. Also finds his sentence is not inappropriate.

J.P. and J.P. v. J.M. and S.M., and The Indiana Department of Child Services (mem. dec.)
19A-AD-93
Adoption. Affirms the denial of biological parents J.P. and J.P.’s request to withdraw their respective consents to the adoption of J.L.P. and A.A.P. in favor of adoptive parents J.M. and S.M.

John D. Owensby v. State of Indiana (mem. dec.)
18A-CR-2418
Criminal. Affirms John Owensby’s 30-year sentence for conviction of Level 2 felony dealing in methamphetamine and Level 5 felony carrying a handgun without a license with a prior felony conviction. Finds Owensby’s sentence is not inappropriate in light of the nature of the offenses and his character; the Elkhart Circuit Court did not commit error; and that there is sufficient evidence to support the convictions.

Christopher E. Campbell v. State of Indiana (mem. dec.)
19A-CR-303
Criminal. Affirms Christopher Campbell’s 10-year sentence for conviction of Level 4 felony causing death when operating a motor vehicle. Finds the sentence is not inappropriate.

Clifton K. Miller v. Sate of Indiana (mem. dec.)
18A-CR-3138
Criminal. Affirms the Elkhart Superior Court’s rejection of Clifton Miller’s petition to alter his placement from the Department of Correction to community corrections. Finds the trial court did not improperly treat his purported motion for alternative placement as a petition for sentence modification. Also finds Miller has failed to establish that he was denied access to the court.

Jeffrey P. Zbyrowski v. State of Indiana (mem. dec.)
18A-CR-1847
Criminal. Affirms the Porter Superior Court’s denial of Jeffrey Zbyrowski’s request to file a belated appeal pursuant to Post Conviction Rule 2. Affirms the trial court’s denial of his motion.

Senaca Lapsley v. State of Indiana (mem. dec.)
18A-PC-2063
Post conviction. Affirms the Allen Superior Court’s denial of Senaca Lapsley’s petition for post-conviction relief. Finds that Lapsley received effective assistance of trial counsel, his freestanding claim of trial court error at sentencing is both procedurally barred and without merit, and that he received a fair postconviction proceeding.

In re the Adoption of L.J.M. (Minor Child) B.S. (Father) v. D.S.M. and C.S.M. (mem. dec.)
19A-AD-171
Adoption. Dismisses father B.S.’s appeal of the Allen Superior court’s order denying his motion to contest the adoption of his son, L.J.M., by the child’s maternal grandparents, D.S.M. and C.S.M. Finds the order from which Father appeals is neither a final judgment nor an appealable interlocutory order.