Opinions Aug. 8, 2019

The following Indiana Supreme Court decisions were filed Wednesday but were not included in Wednesday’s Indiana Lawyer Daily.

Alberto Baiza Rodriguez v. State of Indiana
18S-CR-143
Criminal. Affirms the Elkhart Superior Court’s judgment that it was not authorized to modify Alberto Baiza Rodriguez’s sentence imposed under his fixed-term plea agreement. Finds the decades-old rule regarding sentence modification — that courts may modify a sentence only if the new sentence would not violate the terms of a valid plea agreement had the new sentence been originally imposed — remains undisturbed. Also finds the Legislature’s amendments to Indiana Code § 35-38-1-17 statute did not alter the settled law of Pannarale v. State, 638 N.E.2d 1247 (Ind. 1994), and its progeny.

State of Indiana v. Pebble Stafford
39S04-1712-CR-749
Criminal. Reverses the trial court’s grant of Pebble Stafford’s motion for sentence modification after she was sentenced pursuant to a fixed plea agreement. Finds the law stated in the companion opinion, Alberto Baiza Rodriguez v. State, 18S-CR-143, applies equally to this case: trial courts are bound by the terms of plea agreements and may only modify a sentence in a way that would have been authorized at the time of sentencing. Remands for additional proceedings necessary to resolve the case.

Thursday’s opinions
Indiana Supreme Court
Katrina Murray and Aquila F. Flynn, as Co-Personal Representatives of the Estate of Jaylan T.R. Murray, Deceased v. Indianapolis Public Schools and Arlington Community High School
19S-CT-282
Civil tort. Affirms the Marion Superior Court’s finding that Jaylan Murray was contributorily negligent when he left Arlington Community High School to partake in criminal activity. Finds his estates’ claims of negligence against IPS and Arlington are barred as a matter of law under contributory negligence law.

Indiana Court of Appeals
Alandus James v. State of Indiana
18A-PC-03063
Post conviction. Affirms the denial of Alandus James’ amended petition for post-conviction relief. Finds the Elkhart Superior Court adequately advised him of the rights he was waiving by pleading guilty to a habitual criminal offender allegation. Concludes James knew his constitutional rights when he pleaded guilty, and he has therefore not demonstrated the post-conviction court’s judgment was contrary to law.

Jason L. Sowers v. State of Indiana (mem. dec.)
19A-CR-739
Criminal. Affirms Jason Sowers’ conviction for Level 6 felony possession of cocaine. Finds any gaps in the chain of custody of the purported cocaine are not so significant that the Clinton Superior Court committed fundamental error when it admitted certain evidence relating to the cocaine.

Angela Fritz v. State of Indiana (mem. dec.)
19A-CR-778
Criminal. Affirms Angela Fritz’s 560-day sentence for Level 6 felony domestic battery. Finds the Noble Superior court did not abuse its discretion in sentencing Fritz and that her sentence is not inappropriately harsh.

Charles Williams v. State of Indiana (mem. dec.)
18A-CR-2866
Criminal. Affirms Charles Williams’ consecutive executed sentencing totaling 17 years for conviction of Level 4 felony dealing in a narcotic drug, Level 5 felony reckless homicide, and Level 6 felony altering the scene of a death. Finds the LaPorte Superior Court did not abuse its discretion in imposing consecutive sentences.

State of Indiana v. Wesley Ryder (mem. dec.)
18A-CR-2325
Criminal. Affirms the Marion Superior Court’s grant of Wesley Ryder’s motion to suppress. Finds the trial court did not err in determining the good faith exception to the exclusionary rule was inapplicable. Cannot conclude the trooper substantially complied with state statute by waiting three hours after the warrant had been signed and executed to file the probable cause affidavit. Judge Elaine Brown dissents with a separate opinion.

Timothy Neal Hatton v. State of Indiana (mem. dec.)
19A-CR-191
Criminal. Dismisses Timothy Hatton’s appeal of the Marshall Superior Court’s dismissal of his motion to correct his designation as a credit-restricted felon. Finds Hatton did not challenge his CRF status by filing a request for a successive PCR petition, subject to the parameters and procedures outlined in Post-Conviction Rule 1(12).

William Powell v. Wells Fargo Bank, N.A. and Wells Fargo Home Mortgage (mem. dec.)
19A-SC-412
Small claims. Affirms the Marion Small Claims Court’s denial of William Powell’s motion for default judgment, as well as its grant of the motion for judgment on the complaint filed by Wells Fargo Bank, N.A. and Wells Fargo Home Mortgage. Finds the trial court did not err in finding that Powell’s claim was time-barred and in granting Wells Fargo’s motion for judgment on the complaint. Also finds the trial court did not err in denying his motion for default judgment.

Marion Hoosier and Antwon Baymon v. Terry Riddle and Rebecca Riddle (mem. dec.)
18A-SC-961
Small claims. Dismisses Marion Hoosier and Antwon Baymon’s appeal of the Madison Circuit Court’s entry of judgment in favor of Terry and Rebecca Riddle. Finds Hoosier and Baymon’s extensive noncompliance with the Appellate Rules has impeded the appellate court’s consideration of the issues, but finds the claims would be deemed waived even if the appeal were timely.

John Richard Kochopolous v. State of Indiana (mem. dec.)
18A-CR-3158
Criminal. Affirms in part, reverses in part, remands with instructions to reduce John Kochopolous’ conviction of Level 6 felony leaving the scene of an accident resulting in serious bodily injury to a Class B misdemeanor and for resentencing on that count.

Milton Zambrano Gonzalez v. State of Indiana (mem. dec.)
18A-CR-3004
Criminal. Affirms Milton Gonzalez’s conviction of Level 2 felony voluntary manslaughter. Finds there is sufficient evidence to support the conviction and that Gonzalez’s claim of self-defense fails.

Allan H. Walker, Jr. v. State of Indiana (mem. dec.)
18A-CR-2305
Criminal. Deletes the objectionable language from the appellate court’s original opinion affirming Allan Walker Jr.’s murder conviction. Finds on rehearing the challenged reference may be seen as commentary upon Walker’s exercise of his right to remain silent. Affirms the appellate court’s original opinion in all other respects.

Robert D. Goodwin v. State of Indiana (mem. dec.)
19A-CR-275
Criminal. Affirms Robert Goodwin’s conviction of Level 5 felony carrying a handgun without a license. Finds Goodwin invited any error that occurred, and any error was harmless in light of the evidence against him.