Opinions Sept. 10, 2019

Indiana Supreme Court
In the Matter of Brent Welke
49S00-1707-DI-472
Discipline. Suspends attorney Brent Welke from the practice of law in Indiana for three years without automatic reinstatement. Finds Welke committed attorney misconduct by incompetently representing a client, improperly using a nonlawyer assistant and knowingly making false statements of material fact to the Indiana Supreme Court Disciplinary Commission. Justice Steven David dissents regarding the sanction without separate opinion, believing disbarment is warranted.

Indiana Court of Appeals
Bruce A. Sorenson v. State of Indiana
19A-CR-565
Criminal. Affirms in part, reverses in part, remands with instructions. Affirms Bruce Sorenson’s aggregate 570-year sentence for sexually assaulting two of his daughters throughout the course of their infancy to mid-teens. Reverses Sorenson’s conviction on Count 11 and its 20-year sentence. Also reverses the Rush Circuit Court’s application of the amended statutory scheme on credit time to Sorenson’s sentences for his convictions under Counts 1, 2, 4, 5, 6, 7, 8, 9, 10,12, 13 and 14. Remands with instructions for the court to determine the proper initial credit time, if any, that should apply to the sentences for his convictions on those counts based on the statutes in effect at the time Sorenson committed those offenses.

James E. Saylor v. Allan W. Reid
18A-CT-2490
Civil tort. Affirms the Jefferson Superior Court’s grant of attorney Allan Reid’s motion to dismiss his legal malpractice claim. Finds the trial court did not err by granting Reid’s motion and that Saylor filed his complaint past the two-year statute of limitations deadline for legal malpractice.

In the Matter of: G.B.-S., Minor Child, C.S., Father v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
19A-JC-578
Juvenile CHINS. Affirms the Marion Superior Court’s order that G.B.-S. is a child in need of services. Finds there is sufficient evidence to support the determination. Finds the trial court’s determination is not clearly erroneous.

Lance Miller v. State of Indiana (mem. dec.)
19A-CR-732
Criminal. Affirms Lance Miller’s conviction in St. Joseph Superior Court of Class A misdemeanor battery resulting in bodily injury. Finds there is sufficient evidence to support the conviction.

In the Matter of the Termination of the Parent-Child Relationship of Z.B. and I.B. (Children) and A.B. (Mother); A.B. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-581
Juvenile termination. Affirms the involuntary termination of A.B.’s parental rights to Z.B. and I.B. Finds Mother waived her argument regarding the sufficiency of notice under Indiana Code section 31-35-2-6.5 because she did not argue the issue before the trial court. Also finds she waived her argument regarding the admission of an exhibit that she did not object to before the trial court. Finds Mother did not receive ineffective assistance of counsel and that the evidence in Vigo Circuit Court supporting the termination of her parental rights was overwhelming.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: D.O. (Minor Child), L.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-693
Juvenile termination. Affirms the involuntary termination of L.H.’s parental rights to her child, D.O. Finds the Madison Circuit Court’s determination that termination is in D.O.’s best interests is supported by clear and convincing evidence.

Trevor M. Houlihan v. State of Indiana (mem. dec.)
19A-CR-449
Criminal. Affirms Trevor Houlihan’s 11-year sentence for conviction of Level 4 felony arson and Level 6 felony intimidation. Finds the sentence is not inappropriate in light of the nature of the offenses or his character and that the Allen Superior Court did not abuse its discretion when it declined to accept his mitigators.