Opinions Oct. 14, 2015

Indiana Court of Appeals
Travis Allen v. State of Indiana
49A05-1410-CR-501
Criminal. Affirms convictions of Class A misdemeanors operating a vehicle while intoxicated and driving with a suspended license, and Class C felony driving without a license. The total days of delay charged to the state in bringing Allen to trial is 363 days, so Allen is not entitled to discharge under Criminal rule 4(C) and the trial court did not abuse its discretion when it denied his motion. Judge Barnes dissents.

Scott Alan Stibbins, individually and as Personal Rep. of the Estate of Warren E. Stibbins, and Trustee of the Warren E. Stibbins Revocable Trust, et al. v. Carol (Stibbins) Pagano Foster, et al.
18A02-1410-PL-750
Civil plenary. Reverses order awarding Carol Foster attorney fees exceeding $170,000 in her lawsuit contesting the probate of Warren Stibbins’ will. Foster and her children do not have standing to seek attorney fees because they are not devisees under the relevant statute.

Tonya Herron v. State of Indiana
49A04-1504-CR-149
Criminal. Reverses denial of motion to suppress evidence. The affidavit did not include enough specific facts to support probable cause for a warrant authorizing a blood draw and the good faith exception does not apply.

Techna-Fit, Inc. and Stuart Trotter v. Fluid Transfer Products, Inc.
32A05-1410-PL-462
Civil plenary. Affirms judgment in favor of Fluid Transfer Products on Techna-Fit’s claims that FTP engaged in unfair competition with the company in violation of the Lanham Act. Affirms judgment in favor of FTP on its counterclaim for breach of contract and third-party claims against Stuart Trotter for breach of contract and breach of fiduciary duty. Reverses award of $1.5 million in punitive damages and attorney fees to FTP. Orders Trotter to pay $375,000 in punitive damages for his breach of fiduciary duty.

In the Matter of the Term. of the Parent-Child Relationship of E.B. (minor child), and, R.K. (Mother) v. Ind. Dept. of Child Services (mem. dec.)
84A01-1501-JT-2
Juvenile. Affirms termination of parental rights.

William B. Scroggs v. State of Indiana (mem. dec.)
25A03-1504-CR-126
Criminal. Affirms convictions and sentence for murder and Class B felony burglary.

M.H. v. State of Indiana (mem. dec.)
49A02-1503-JV-168
Juvenile. Reverses order of restitution as a condition of probation and remands with instructions to modify M.H.’s dispositional order.

Amanda B. Dobbs v. Bradley W. Dobbs (mem. dec.)
03A01-1502-DR-79
Domestic relation. Affirms judgment dissolving marriage and awarding custody of child to husband.

Khalid M. Jackson-Bey v. State of Indiana (mem. dec.)
45A03-1311-PC-507
Post conviction. Affirms denial of petition for post-conviction relief.

Sylvia M. Rodriquez v. John R. Wyse (mem. dec.)
49A02-1412-CT-820
Civil tort. Affirms denial of Rodriguez’s motion for summary judgment and subsequent jury verdict against her in a breach of contract claim she brought.

Noah Shane Warren v. State of Indiana (mem. dec.)
63A01-1503-PC-103
Post conviction. Affirms denial of petition for post-conviction relief.

Ulrich Tibaut Houzanme v. Sally Jo Houzanme (mem. dec.)
49A04-1505-DR-434
Domestic relation. Affirms denial of Ulrich Houzanme’s motion for modification of child support and custody.

Bucky Willard Kado and Amanda Dankert v. State of Indiana (mem. dec.)
20A05-1502-CR-73
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia.

Darney R. Karim v. State of Indiana (mem. dec.)
91A02-1502-CR-122
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.

Matthew Marcus II v. State of Indiana (mem. dec.)
45A03-1407-CR-230
Criminal. Affirms 35-year sentence following guilty plea to Class A felony voluntary manslaughter.

Alan W. Jenkins v. State of Indiana (mem. dec.)
41A01-1502-PC-77
Post conviction. Affirms denial of petition for post-conviction relief.

Brittney Massey v. State of Indiana (mem. dec.)
49A04-1503-CR-92
Criminal. Affirms murder conviction.