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Indiana Supreme Court
William Clyde Gibson III v. State of Indiana
22S00-1206-DP-359
Death penalty. Affirms the imposing of the death penalty following Gibson’s conviction for murder. Finds the sentence is not inappropriate “in light of the horrific manner in which Gibson took (his victim’s) life and his lack of redeeming character traits.” In regards to the jury, rules the trial court did not err in refusing to dismiss the entire venire panel and did not abuse its discretion in denying Gibson’s request to ask a case-specific question during voir dire, his for-cause juror challenges and his request to instruct the jury on voluntary manslaughter. Holds the trial court also did not abuse its discretion in denying Gibson’s request for a fourth continuance.
Christopher Helsley v. State of Indiana
63S00-1406-LW-440
Life without parole. Affirms the sentence of life imprisonment without parole. Finds the nature of the offense and Helsley’s character do not warrant a revision of his sentence under Indiana Appellate Rule 7(B). Also rules the jury’s weighing of aggravating and mitigating circumstances is not subject to appellate review.
Indiana Court of Appeals
Boyer Construction Group Corp. v. Walker Construction Company, Inc. and Muller Realty, LLC
45A03-1502-PL-66
Civil plenary. Affirms the denial of Boyer’s motion for attorney fees but finds Boyer did not waive its claims by failing to raise the issue before the judgment was entered. Reverses the denial of Walker’s petition for supplemental attorney fees and remands with instructions to determine whether $20,400.28 is reasonable. Also remands with instructions to clarify whether the judgment is joint and several between Muller and Boyer or to reduce Muller’s share of the damages by $1,680 and its share of the attorney fees by $837.08.
Douglas L. Krasnoff v. The Education Resources Institute
49A04-1501-CC-3
Collections. Affirms trial court judgment of $13,952.66 in favor of The Education Resources Institute for the balance of a student loan plus attorney fees and costs. In light of the Trust’s ratification of TERI’s status as the named plaintiff, and in the absence of any argument by Krasnoff challenging the trial court’s conclusion as to the question of his breach, the panel finds no error and accordingly affirms the trial court.
Kastin E. Slaybaugh v. State of Indiana
79A02-1411-CR-798
Criminal. Affirms conviction of Class B felony rape, rejecting Slaybaugh’s argument that a juror engaged in misconduct when she failed to disclose during voir dire that a witness’s relative was among her more than 1,000 Facebook friends. The juror was deposed after the trial, and the court reviewed Facebook materials and affidavits before determining the juror was truthful in asserting she had no knowledge of the victim or her family. The trial court properly denied Slaybaugh’s motion for a mistrial.
Kristy Burnell v. State of Indiana
29A02-1412-CR-849
Criminal. Affirms in a majority opinion written by Judge Rudolph R. Pyle III a trial court determination that Burnell refused a certified chemical test during a traffic stop, resulting in suspension of her driving privileges. Holds as a matter of first impression that any answer short of an unqualified, unequivocal assent to a properly offered certified chemical test constitutes a refusal. Judge Terry Crone concurred in result but wrote separately that the court needn’t go as far as to say anything short of an unqualified, unequivocal assent to a chemical test constitutes a refusal. Judge Elaine Brown dissented, writing that the evidence did not establish as a matter of law that Burnell refused to submit to the chemical test. Riley would reverse the trial court and reinstate Burnell’s driving privileges.
Jeffrey Settle v. State of Indiana (mem. dec.)
33A04-1411-MI-516
Miscellaneous. Dismisses with prejudice Settle’s appeal of the trial court’s denial of his petition to remove his name from the sex offender registry.
Jennifer G. Ansari v. Bank of New York Mellon (mem. dec.)
29A02-1412-MF-821
Mortgage foreclosure. Affirms trial court judgment in favor of Bank of New York Mellon.
A.D. v. K.D. (mem. dec.)
65A01-1502-DR-67
Domestic. Affirms trial court order granting sole custody to mother.
Rachel Ann Nelson and Corey Joe Dennison v. Tammy Sue Nelson and Pamela Nelson (mem. dec.)
03A01-1502-DR-62
Domestic. Affirms trial court denial of verified petition to terminate order of custody.
Henry Gibson v. State of Indiana (mem. dec.)
49A05-1502-CR-70
Criminal. Affirms 15-year sentence for convictions of Level 3 felony aggravated battery, Level 5 felony battery by means of a deadly weapon, and Level 5 felony carrying a handgun without a license.
A.C. v. H.C. (mem. dec.)
11A01-1501-DR-17
Domestic. Affirms order awarding father custody of two minor children.
Robert A. Hutchens v. BAC Home Loans Servicing, LP (mem. dec.)
29A02-1503-MF-190
Mortgage foreclosure. Affirms trial court denial of motion to set aside and vacate sheriff’s sale.
Matter of the Termination of the Parent-Child Relationship of R.H., Minor Child, M.H. v. Ind. Dept. of Child Services (mem. dec.)
92A03-1502-JT-62
Juvenile. Affirms termination of parental rights.
Char'Dae Avery v. State of Indiana (mem. dec.)
34A02-1504-CR-224
Criminal. Affirms 18-year executed sentence for conviction of Class B felony causing the death of another person while operating a vehicle with marijuana or its metabolite in her blood.
Keith Rich v. State of Indiana (mem. dec.)
79A04-1502-CR-49
Criminal. Affirms 20-year aggregate sentence for convictions of Class B felony counts of arson and burglary.
Kevin Owens v. State of Indiana (mem. dec.)
15A05-1502-CR-59
Criminal. Affirms two-year executed sentence for conviction of Class D felony operating a vehicle while intoxicated.
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