Opinions Aug. 11, 2023

The following Indiana Supreme Court opinion was posted after IL deadline on Thursday:
In the Matter of the Honorable Jason A. Cichowicz, Judge of the St. Joseph Probate Court
23S-JD-33
Judicial discipline. Suspends Judge Jason A. Cichowicz for 45 days from the office of judge of the St. Joseph Probate Court without pay commencing Sept. 5, with automatic reinstatement effective Oct. 20. Orders Cichowicz to $3,824 for the costs of the proceedings. Finds Cichowicz engaged in judicial misconduct by continuing to serve in a fiduciary position for a non-family member after taking office, abusing the prestige of his office to benefit a family member and failing to disclose his role as trustee of a charitable foundation from which he drew funds to further court improvement projects.

Friday opinions
Court of Appeals of Indiana
L.T. Garrett v. Nissan of Lafayette, LLC
22A-CT-2583
Civil tort. Reverses the Bartholomew Circuit Court’s grant of summary judgment in favor of Nissan of Lafayette. Orders the trial court to vacate that judgment. Rejects Nissan of Lafayette’s cross-appeal contending that the trial court erred when it declined to rule that a set of requests for admission should be deemed admitted. Finds the designated evidence is insufficient to allow the trial court to conclude that Garrett’s reliance on the verbal representations of the dealership was unreasonable as a matter of law. Remands the case for further proceedings.

Kay E. Morken v. Michael L. Koltz
23A-PL-295
Civil plenary. Reverses the Steuben Circuit Court’s denial of attorney fees to Kay Morken. Finds Morken is entitled to the fees under Indiana Code § 32-30-6-7. Remands for the determination of appropriate attorney fees.

K.W v. State of Indiana
22A-JV-3063
Juvenile. Affirms K.W.’s adjudication as a delinquent child for committing an act that, if committed by an adult, would be Class A misdemeanor dangerous possession of a firearm. Finds an officer’s stop and subsequent pat-down of K.W. did not violate K.W.’s rights against unreasonable search and seizure under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds the Marion Superior Court did not abuse its discretion when it admitted the gun and magazine found on K.W. during the stop.

Leon Tyson v. State of Indiana
22A-PC-143
Post-conviction relief. Affirms the Elkhart Superior Court’s denial of Leon Tyson’s change of judge motion. Finds the facts on which Tyson based his motion for a change of judge do not support a rational inference of bias or prejudice against Tyson. Also finds the post-conviction court did not express an opinion on the merits of Tyson’s case or attack his character.

Shorewood Forest Utilities, Inc. v. Rex Properties, LLC and Don Blum (mem. dec.)
22A-PL-2345
Civil plenary. Affirms the Porter Superior Court’s order to enforce a settlement agreement between Shorewood Forest Utilities Inc., Rex Properties LLC and Don Blum. Finds the parties had an enforceable agreement. Dismisses as moot Rex Properties and Blum’s cross-appeal and declines to award appellate damages and attorney fees.

Zachary A. Woodward v. State of Indiana (mem. dec.)
22A-CR-2962
Criminal. Affirms Zachary Woodward’s sentence in Decatur Superior Court for possession of methamphetamine as a level 5 felony. Finds Woodward waived his improper-elevation arguments. Also finds Woodward has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of his offenses and his character.

Anthony J. Lopez v. State of Indiana (mem. dec.)
22A-CR-2912
Criminal. Affirms Anthony Lopez’s conviction for murder in Allen Superior Court. Reverses Lopez’s conviction for carrying a handgun without a license. Finds the handgun supporting the carrying conviction was obtained in violation of Lopez’s Fourth Amendment rights and the state presented no independent evidence of this offense. Also finds Lopez did not show that the denial of his motion for severance prejudiced his substantial rights such that reversal of his conviction for murder is warranted. Remands with instructions to vacate the conviction for carrying a handgun without a license.

Aaron A. Whitman v. State of Indiana (mem. dec.)
23A-CR-1001
Criminal. Affirms the Elkhart Superior Court’s denial of Aaron Whitman’s request to reduce his $1 million bail after he was charged with multiple felonies. Finds the trial court did not abuse its discretion.

Rueben J. Love v. State of Indiana (mem. dec.)
23A-CR-173
Criminal. Affirms the Porter Superior Court’s calculation of Rueben Love’s credit time when imposing sentence on a probation violation. Finds Love did not meet his burden to show that the trial court erred in its credit time calculation.

Brandon Terrall Johnson v. State of Indiana (mem. dec.)
23A-CR-257
Criminal. Affirms Brandon Johnson’s conviction by jury in St. Joseph Superior Court of Level 6 felony domestic battery. Finds that there is sufficient evidence to support Johnson’s conviction and to rebut his claim of self-defense.

Taryn Dowls v. State of Indiana (mem. dec.)
23A-CR-360
Criminal. Affirms Taryn Dowls’ convictions for two counts of battery as Class A misdemeanors. Finds sufficient evidence supports Dowl’s convictions.

A.B. v. State of Indiana (mem. dec.)
23A-JV-615
Juvenile. Affirms A.B.’s placement in the Indiana Department of Correction following her adjudication as a delinquent for an act that, if committed by an adult, would constitute Class B misdemeanor possession of marijuana. Finds the Howard Circuit Court did not abuse its discretion when it awarded wardship of A.B. to the DOC because she had been unsuccessful in prior placements and the DOC could provide her with services to address her mental health and substance abuse problems.