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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Indiana Supreme Court opinion was posted after IL deadline on Monday:
Brian W. Kinman v. State of Indiana
20S-CR-569
Criminal. Grants transfer to Brian Kinman’s petition and summarily affirms the portion of the Indiana Court of Appeals opinion finding that Kinman’s oral motion to withdraw his guilty plea was procedurally defective. Finds the Fayette Circuit Court did not abuse its discretion in denying Kinman’s motion. However, also finds the trial court failed to include in its summary order any findings or conclusions on the issues Kinman raised in his de facto petition for post-conviction relief. Remands for entry of a revised order that complies with Indiana’s Post-Conviction Rules, including Rule 1(6).
Tuesday opinions
Indiana Court of Appeals
Terri Symons, John Nauyokas, Jennifer Reynolds, and David Dennison v. Gary Fish and Jeremey Fish
20A-PL-395
Civil plenary. Affirms the Hamilton Superior Court decisions denying Terri Symons’ several motions for judgment on Jeremey and Gary Fish’s claims as untimely under Section 7.1 of the parties’ contract, and the trial court’s primary award of attorney fees and costs to the sellers. Reverses the award of treble damages, including the trebling of attorney fees and costs, under Section 5.2. Finds that a damage award greater than $250,000 is not supported by the evidence, the stipulated judgment or the indemnification clause as a matter of law. Remands for the trial court to recalculate the sellers’ damages, attorney fees and costs in a manner not inconsistent with the opinion.
Civil tort. Affirms the St. Joseph Superior Court’s grant of summary judgment to the Union North School Corporation on minor C.G.’s claim that she suffered injuries as a result of the negligence of the school corporation’s employee, her basketball coach. Finds the trial court properly granted summary judgment.
Thomas Adler v. State of Indiana (mem. dec.)
20A-CR-424
Criminal. Affirms Thomas Adler’s six-year sentence for conviction of Level 4 felony attempt to commit sexual misconduct with a minor. Finds his sentence is not inappropriate.
Brian A. Hill v. Annette Hill (mem. dec.)
19A-DR-2831
Domestic relations. Affirms the Tippecanoe Superior Court’s final decree of dissolution between Brian Hill and Annette Hill. Finds the evidence supports the trial court’s finding that monies Husband’s mother gave to Husband and Wife throughout the course of their marriage to cover housing and other expenses were gifts rather than loans.
D.H. v. State of Indiana (mem. dec.)
20A-JV-1003
Juvenile. Affirms the juvenile court’s order placing D.H. in the custody of the Indiana Department of Correction. Finds no abuse of discretion in the juvenile court’s placement of D.H. in the custody of the DOC despite the existence of another, less restrictive disposition.
Chrys Scherer v. State of Indiana (mem. dec.)
19A-CR-2797
Criminal. Affirms Chrys Scherer’s conviction of Level 6 felony theft. Finds Scherer has failed to establish that no reasonable factfinder could find the elements of theft beyond a reasonable doubt.
Tammy J. Page v. Darren Page (mem. dec.)
20A-DR-317
Domestic relations. Affirms in all respects except one the Hamilton Superior Court’s dissolution of the marriage of Tammy Page and Darren Page. Agrees with Husband that he shall claim the couples’ child as his dependent in tax year 2019 and odd-numbered years thereafter and that Wife shall claim the child in the even-numbered years thereafter. Reverses and remands with instructions for the court to correct the decree with respect to which party shall claim their child as a dependent in which tax years.
Emily R. Loredo v. State of Indiana (mem. dec.)
20A-CR-1119
Criminal. Affirms Emily Loredo’s 850-day sentence for conviction of Level 6 felony failure to appear. Finds her sentence is not inappropriate.
Gary Lee Voiles, Jr. v. State of Indiana (mem. dec.)
20A-CR-267
Criminal. Affirms the Wayne Circuit Court’s order denying Gary Violes’ motion to suppress evidence seized as a result of an encounter with law enforcement. Finds the trial court properly denied Voiles’ motion to suppress evidence.
P.K. v. State of Indiana (mem. dec.)
20A-JV-896
Juvenile. Affirms P.K.’s commitment to the Department of Correction. Finds that the juvenile court’s ordered placement is consistent with P.K.’s best interests and the safety of the community, and the placement is not an abuse of discretion.
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