Opinions Feb. 2, 2024

The following Indiana Supreme Court opinion was posted after IL deadline on Thursday:
Tonia Land, individually and on behalf of all others similarly situated v. IU Credit Union
23S-CP-115
Civil plenary. Grants rehearing but reaffirms the original opinion in full. Leaves open the possibility in some future case of adopting a different standard governing the offer and acceptance of unilateral contracts between businesses and consumers.

Friday opinions
Court of Appeals of Indiana
Willow Haven on 106^th Street, LLC v. Hari Nagireddy and Saranya Nagireddy
22A-PL-2931
Civil plenary. Affirms the preliminary injunction enjoining Willow Haven on 106^th Street LLC from completing construction of a home on a lot next to where Hari and Saranya Nagireddy reside. Finds the Nagireddys were not required to exhaust administrative remedies before pursuing injunctive relief with the Hamilton Superior Court. Also finds the trial court did not abuse its discretion in entering a preliminary injunction in favor of the Nagireddys. Judge Leanna Weissmann dissents with separate opinion.

Bryan J. Jackson v. Samantha DeJean
23A-DC-1410
Domestic relations with children. Reverses a successor judge’s orders awarding joint custody of M.D. to mother S.D. and R.D. and allowing those parties to determined father B.J.’s parenting time, and the reduction of B.J.’s parenting time with J.J. Finds the Warrick Superior Court abused its discretion. Remands for a new, consolidated trial on the parenting time issues presented by S.D. and B.J.’s divorce case and paternity case concerning M.D.

Jake Brunette v. State of Indiana
23A-CR-693
Criminal. Affirms Jake Brunette’s murder conviction. Finds Brunette invited any error with respect to the Elkhart Circuit Court not holding a full competency hearing. Also finds any error in the admission of State’s Exhibits 15, 16 and 18 was harmless.

In re the Petition for Expungement of R.L.: Indiana Law Enforcement Training Board v R.L.
23A-XP-144
Expungement. Reverses declaratory judgment in favor of R.L., a police officer, who obtained a declaratory judgement that Indiana Code § 35-38-9-10 prohibits the Indiana Law Enforcement Training Board from using any and all facts from his expunged case as a basis to revoke or deny to him his license to act as a law enforcement officer. Finds the scope of the Martin Circuit Court’s declaratory judgment exceeds the applicability of the anti-discrimination statute on the proceedings before the board. Also finds that although the board may not consider the expunged records in its proceedings, it may consider independent evidence that R.L. engaged in the actions that gave rise to his arrest.

Thomas DeCola v. Matt H. & Anne L. Sheafer (mem. dec.)
23A-PL-2071
Civil plenary. Affirms the denial of Thomas DeCola’s motion to defeat the tax deeds and subsequent conveyances to Matt and Anne Sheafer by having them declared void. Finds the Jasper Superior Court did not abuse its discretion in finding that the tax deeds were not void for lack of notice. Also finds the trial court did not abuse its discretion in rejecting DeCola’s assertion that the tax deeds were rendered void by Argento LLC’s lack of representation.

Julio Serrano v. State of Indiana (mem. dec.)
23A-CR-1212
Criminal. Affirms Julio Serrano’s 10-year sentence. Finds no error.

Christine Lynn Guzman v. State of Indiana (mem. dec.)
23A-CR-2048
Criminal. Affirms the revocation of Christine Guzman’s community corrections placement. Finds the Hendricks Superior Court did not abuse its discretion when it revoked Guzman’s probation and placement in community corrections as a sanction for her probation and/or work release violations.

Michael Anthony Murray v. State of Indiana (mem. dec.)
23A-CR-1578
Criminal. Affirms Michael Anthony Murray’s conviction of Level 2 felony dealing in methamphetamine. Finds ample evidence supports Murray’s conviction.

Tony Allen White v. State of Indiana (mem. dec.)
23A-CR-1077
Criminal. Affirms Tony Allen White’s sentence to 14 years executed for Level 3 felony armed robbery. Finds the Madison Circuit Court did not abuse its discretion when it did not consider as mitigating the alleged undue hardship to White’s dependent children due to his imprisonment. Also finds White’s sentence is not inappropriate in light of the nature of the offense and his character.

Troy Andrew Cooksey v. State of Indiana (mem. dec.)
23A-CR-1218
Criminal. Affirms Troy Cooksey’s convictions of two counts of Level 1 felony child molesting. Finds Cooksey personally communicated waiver of his Indiana constitutional jury trial right through his signed written waiver. Also finds sufficient evidence supports the convictions.

In the Involuntary Termination of the Parent-Child Relationship of: D.B. (Minor Child) B.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1784
Juvenile termination of parental rights. Affirms the termination of mother B.B.’s parental rights over D.B. Finds sufficient evidence supports the termination.

In the Matter of the Civil Commitment of S.W. v. Community Health Network, Inc. (mem. dec.)
23A-MH-1818
Mental health. Affirms S.W.’s involuntary commitment. Finds the Marion Superior Court did not err by finding good cause to conduct S.W.’s commitment hearing remotely. Also finds S.W. was not denied his right to confer with counsel. Finally, finds sufficient evidence supports S.W.’s commitment.