Opinions April 10, 2017

The following Indiana Supreme Court opinion was posted after IL deadline Friday:
Charles McKeen, M.D. v. Billy Turner
53S05-1704-CT-202
Civil tort. Grants transfer and adopts and incorporates the Indiana Court of Appeals’ holding that “a plaintiff may raise any theories of alleged malpractice during litigation following the (Medical Review Panel) process if (1) the proposed complaint encompasses the theories, and (2) the evidence relating to those theories was before the MRP.” Also expressly disapproves K.D. v. Chambers, 951 N.E.2d 855 (Ind. Ct. App. 2011).

Monday's opinions
7th Circuit Court of Appeals
Thom D. Howell v. Shawn Smith
16-1988
Appeal from the U.S. District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Reverses the district court’s decision to deny Officer Shawn Smith’s motion for summary judgment on the grounds of qualified immunity. Smith’s decision to keep Thom Howell in handcuffs until he was satisfied that he was not a threat did not violate the Fourth Amendment, so under the doctrine of qualified immunity, Howell’s complaint must be dismissed. Remands for further proceedings.

Indiana Court of Appeals
Jacob Maciaszek v. State of Indiana
43A03-1512-CR-2355
Criminal. Affirms in part the denial of Jacob Lee Maciaszek’s request for presentence credit time. The trial court did not err when it denied Maciaszek’s request for presentence credit for actual time served or for good-time credit based on the time he spent incarcerated in Florida and New Hampshire prior to his extradition to Indiana. The trial court erred by not giving Maciaszek credit for actual time served while in the Kosciusko County Jail.  Remands for amendment of Maciaszek’s sentencing order to reflect a proper calculation of credit time.

MJoseph Basford v. State of Indiana (mem. dec.)
46A03-1609-CR-2167
Criminal. Affirms MJoseph Basford’s sentence to 50 years executed in the Department of Correction for robbery as a Class A felony. The LaPorte Superior Court did not abuse its discretion in sentencing Basford.

Andres Lara-Sangines v. State of Indiana (mem. dec.)
55A05-1612-CR-2935
Criminal. Affirms the denial of Andres Lara-Sangines’ motion for sentence modification after he was sentenced to 20 years’ imprisonment for Class A felony dealing in cocaine. Finds Lara-Sangines has no demonstrated an abuse of discretion.

Larry Craig v. State of Indiana (mem. dec.)
49A02-1606-CR-1232
Criminal. Affirms Larry Craig’s convictions for resisting law enforcement as a Level 6 felony, reckless driving as a Class C misdemeanor and leaving the scene of an accident as a Class B misdemeanor. Vacates Craig’s conviction for resisting law enforcement as a Class A misdemeanor. Craig’s convictions for resisting law enforcement violate double jeopardy. Finds the Marion Superior Court did not abuse its discretion in excluding certain evidence, and the evidence is sufficient to support Craig’s convictions. Remands to the trial court to amend its sentencing order.

Robert Micheau v. State of Indiana (mem. dec.)
38A02-1606-PC-1356
Post-conviction. Vacates the Jay Circuit Court’s judgment to grant Robert Micheau’s motion to correct erroneous sentence and vacate his conviction and three-year sentence to Class D felony dealing in a sawed-off shotgun. The trial court erred in granting Micheau’s motion to correct erroneous sentence. Remands with instructions to reinstate his convictions and sentences as
they previously stood.

James Matthew Caudill v. State of Indiana (mem. dec.)
72A01-1609-CR-2066
Criminal. Affirms James Matthew Caudill’s sentence to for murder and Level 5 felony robbery with a sentencing enhancement for the use of a firearm in the commission of his crimes. The Scott Circuit Court did not abuse its discretion when it refused to consider as mitigators Caudill’s guilty plea and statement of remorse or when it determined the imposition of an advisory sentence would “diminish the seriousness of the offense.”

Termination: BH v. Indiana Department of Child Services (mem dec.)
02A05-1609-JT-2159
Juvenile termination of parental rights. Affirms the involuntary termination of B.H.’s parental rights with respect to her daughter, J.H. The Allen Superior Court’s judgment terminating B.H.’s parental rights is supported by clear and convincing evidence.

Justin Delaine Littlejohn v. State of Indiana (mem. dec.)
02A04-1608-CR-1936
Criminal.  Affirms Justin D. Littlejohn’s conviction of murder and sentence to an aggregate term of 85 years. The trial court did not err in instructing the jury and the evidence is sufficient to support Littlejohn’s conviction. Also finds Littlejohn has failed to meet his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.