Opinions June 4, 2019

The following opinions were posted after IL deadline Monday.
7th Circuit Court of Appeals
Common Cause Indiana et al. v. Marion County Election Board
18-2735
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Vacates the consent decree that expanded the number of in-person early voting sites in Marion County. Finds both sides sought the same relief, a vacatur of the consent decree, after a shift in the county’s voting scheme replaced the precinct-based structure with a voting center plan. Remands to the district court with instructions to dismiss the case.  

Indiana Supreme Court
In the Matter of the Unsupervised Estate of Orlando C. Lewis, Jr., Orlando Lewis, Sr. v. Shana Toliver and Kathy Calloway
18S-EU-507
Estate, unsupervised. Affirms the Johnson Superior Court’s order reconsidering the appointment of Orlando Lewis Sr. as special administrator of the estate of his son, Orlando Lewis Jr. Finds the trial court could reconsider its appointment of Lewis Sr. because the underlying matter was still pending. Also finds the trial court did not abuse its discretion in reconsidering its appointment of Lewis Sr. Finally, finds courts should give notice and hold a hearing before appointing a special administrator or rescinding such an appointment, even though they are not required to do so by statute or trial rule.

Tuesday’s opinions
Indiana Supreme Court
In the Matter of the Honorable Robert W. Freese, Judge of the Hendricks Superior Court 1
19S-JD-52
Judicial discipline. Suspends Hendricks Superior Judge Robert W. Freese from judicial office without pay for 45 days, from July 8 to Aug. 22, 2019. Finds Freese engaged in judicial misconduct by appointing an unqualified friend as trustee of a trust and personal representative of a related estate, failing to disclose the friendship or a financial relationship with the friend, and failing to act promptly when faced with mounting evidence of the friend’s mismanagement and embezzlement of the funds entrusted to him.

Indiana Court of Appeals
Shaquille Delaney v. State of Indiana (mem. dec.)
18A-CR-2828
Criminal. Affirms Shaquille Delaney’s convictions of Level 2 felony possession of methamphetamine with intent to deliver and Level 3 felony possession of cocaine with intent to deliver. Finds there is sufficient evidence to support the conviction.

Randy D. Stokes v. State of Indiana (mem. dec.)
18A-CR-2793
Criminal. Affirms Randy Stokes’ consecutive one-year sentences for each of his three Level 6 felony theft convictions. Finds the Allen Superior Court did not abuse its discretion and that Stokes’ sentences are not inappropriate.

James Willie Tabb v. State of Indiana (mem. dec.)
18A-CR-1886
Criminal. Affirms James Tabb’s convictions of Level 2 felony dealing in a narcotic drug and two counts of Level 4 felony dealing in a narcotic drug. Finds the Delaware Circuit Court did not err in admitting evidence arising from the stop and search. Finds there is sufficient evidence to support the convictions.

State of Indiana v. Robert Lee Engram (mem. dec.)
18A-CR-2865
Criminal. Reverses the Madison Circuit Court’s grant of Robert Engram’s petition to modify his 85-year sentence for conviction of conspiracy to commit murder and murder as an accomplice. Finds pursuant to Indiana Code section 35-38-1-17(k), any motion for a sentence modification filed more than 365 days after Engram’s sentencing hearing required the consent of the prosecuting attorney. Remands with instructions for the trial court to enter an order denying Engram’s petition for a sentence modification and reinstating his original sentence.