Opinions June 15, 2022

The following opinions were posted after IL deadline on Tuesday:
Indiana Supreme Court
Neal Bruder v. Seneca Mortgage Services, LLC
22S-PL-195
Civil plenary. Grants transfer and affirms the entry of judgment in favor of Seneca Mortgage Services LLC on its claim for a $2,840 consultant’s fee in exchange for arranging financing for Neal Bruder to purchase property that he ultimately did not accept. Finds the record lacks support for the Court of Appeals of Indiana’s conclusion that Bruder was required, or even asked, to commit an illegal act. Also finds the parties’ agreement explicitly provides for the consultant’s fee to be paid regardless of whether a particular financing offer is accepted.

Indiana Tax Court
Mac’s Convenience Stores, LLC v. Hendricks County Assessor
21T-TA-00005
Tax. Reverses the Indiana Board of Tax Review’s final determination upholding the 2018 and 2019 real property assessments for Mac’s Convenience Stores LLC. Finds the Indiana board erred in finding that the appraisal report supported the real property assessments at issue. Also finds the board abused its discretion by finding that a 3% market conditions adjustment was sufficient to relate the 2014 purchase price to the relevant assessment dates because that finding was based on speculation, not evidence. Remands to the Indiana board with instructions that the 2018 and 2019 assessments for Mac’s shall revert to the assessment that was in place for the 2017 tax year.

Wednesday opinions
Court of Appeals of Indiana
Jacquetta Hahn-Weisz v. Samuel C. Johnson and Amber Johnson
22A-DC-36
Domestic relations with children. Reverses the Union Circuit Court’s partial grant of a petition to modify custody of J.J. filed by father Samuel Johnson. Finds Jacquetta Hahn-Weisz, the child’s grandmother who raises the child, presented clear and convincing evidence that the child’s best interests were substantially and significantly served by remaining with her. Also finds she has demonstrated prima facie error in the trial court’s granting of Johnson’s petition for modification of custody.

Jamesley Paul v. State of Indiana
21A-CR-1704
Criminal. Affirms Jamesley Paul’s convictions for murder, two counts of felony murder and attempted robbery. Finds the traffic stop did not violate either the federal or state constitutions, and the admission of any evidence resulting from the stop was not error. Also finds no error in the jury instructions.

Jerald Allen Hutton III v. State of Indiana
21A-CR-2524
Criminal. Affirms Jerald Allen Hutton III’s conviction in Marion Superior Court for sexual battery as a Level 6 felony. Finds the state introduced sufficient evidence to show Hutton compelled the victim to submit to unwanted touching either by force or threat of force as required by Indiana Code § 35-42-4-8(a). Also finds the incredible dubiosity rule does not apply because the victim’s testimony was not contradictory.

Scott A. Blattert, Jr., v. State of Indiana
21A-CR-1082
Criminal. Affirms the Lawrence Superior Court’s decision to grant the state’s motion in limine, which precludes Scott Blattert from asserting a religious freedom defense against child abuse charges. Finds Indiana’s Religious Freedom Restoration Act does not bar prosecution because the state has demonstrated it is pursuing the least restrictive means to advance the government’s compelling interest in protecting children. Remands for further proceedings.

 Joseph J. Stubbers III v. State of Indiana
21A-CR-2159
Criminal. Affirms Joseph J. Stubbers III’s convictions of two counts of torturing or mutilating a vertebrate animal as Class A misdemeanors. Finds sufficient evidence to support the convictions.

Corey D. Frank v. State of Indiana (mem. dec.)
21A-CR-2125
Criminal. Affirms Corey Frank’s 32-year sentence for his conviction of two counts of Level 3 felony child molesting but reverses his sex offender probation conditions. Finds Frank has not proven that his sentence is inappropriate. Also finds that prohibiting Frank from having contact with his daughter, nephews and nieces while he is in the Department of Correction is not reasonably related to his rehabilitation or protecting the public. Remands with instructions to make an exception for contact between Frank and his daughter, nephews and nieces while he is in the DOC.

Romeo Minga v. State of Indiana (mem. dec.)
21A-CR-2177
Criminal. Affirms Romeo Minga’s conviction of Level 6 felony OWI with a BAC of 0.08 or higher. Finds the trial court did not abuse its discretion in the admission of evidence. Also finds the evidence is sufficient.

Joseph Allen Petry v. State of Indiana (mem. dec.)
21A-CR-2397
Criminal. Affirms Joseph Petry’s aggregate 25-year sentence for his convictions of Level 2 felony voluntary manslaughter and Level 6 felony pointing a firearm at another, to be served consecutively. Finds the Spencer Circuit Court did not abuse its discretion as to aggravators and mitigators. Also finds that Petry’s sentence is not inappropriate.

In re: the Adoption of K.R. R.M. (Stepfather) v. T.R. (Father) (mem. dec.)
21A-AD-2449
Adoption. Affirms the Hendricks Superior Court’s order determining that the consent of father T.R. was required on stepfather R.M.’s petition for adoption of K.R. Finds R.M. has not established that the trial court’s order requiring T.R.’s consent to the adoption was clearly erroneous.

Cole Hornsby v. State of Indiana (mem. dec.)
21A-PC-2733
Post-conviction. Affirms the denial of Cole Hornsby’s petition for post-conviction relief. Finds Hornsby’s ineffective assistance of counsel claim fails.

Town of Cedar Lake Unsafe Building Commission v. Stanley T. Bird; Jane G. Bird; Wells Fargo Bank, N.A., and All Unknown Occupants of 8816 W. 141st Avenue, Cedar Lake, Lake County, Indiana (mem. dec.)
21A-MI-2823
Miscellaneous. Affirms the denial of the Town of Cedar Lake Unsafe Building Commission’s complaint in which it sought to have Stanley Bird’s residence declared to be an unsafe building. Finds the Lake Superior Court did not err when it denied the commission’s complaint.

In re the Termination of the Parent-Child Relationship of: Ar.S. (Minor Child) and A.S. (Mother) and J.D. (Father) A.S. (Mother) and J.D. (Father) v. State of Indiana (mem. dec.)
22A-JT-35
Juvenile termination of parental rights. Affirms the termination of mother A.S. and father J.D.’s parental rights to their daughter, Ar.S. Finds the termination is in the child’s best interests and that the Wayne Superior Court’s findings of fact are not clearly erroneous.

Hannah P. Jines v. State of Indiana (mem. dec.)
22A-CR-177
Criminal. Affirms the revocation of Hannah P. Jines’ probation and the Ripley Superior Court’s order that she serve 1,820 days of her previously suspended sentences. Finds no abuse of the trial court’s discretion.

Charanjeet Singh and Kamaljit Kaur v. Stoneridge Properties, LLC (mem. dec.)
22A-CC-178
Civil collection. Affirms the Marion Superior Court’s denial of Charanjeet Singh and Kamaljit Kaur’s motions to vacate default judgment and their motion for reconsideration after they failed to respond to Stoneridge Properties LLC’s complaint for breach of contract. Finds the trial court did not abuse its discretion.

In the Matter of the Termination of the Parent-Child Relationship of S.L. (Minor Child); L.L. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-279
Juvenile termination of parental rights. Affirms the termination of father L.L.’s parental rights to his child, S.L. Finds the Department of Child Services presented sufficient evidence to support the termination of L.L.’s parental rights.