Opinions Dec. 10, 2020

The following Indiana Supreme Court opinion was posted after IL deadline on Wednesday:
Clinton Loehrlein v. State of Indiana
20S-CR-376
Criminal. Affirms Clinton Loehrlein’s murder and attempted murder convictions and the the Vanderburgh Circuit Court’s finding that he was not insane at the time he murdered his wife and attempted to kill his daughters. Finds that the attorney juror in his trial did commit gross misconduct by falsely answering a juror questionnaire, but that given the facts and circumstances of the case, including the strong evidence of Loehrlein’s sanity, it is not likely he was harmed.

Thursday’s opinions
Indiana Court of Appeals
Michael T. McGill v. State of Indiana
20A-CR-327
Criminal. Affirms Michael McGill’s conviction of Class A misdemeanor residential entry. Finds the Lawrence Superior Court did not abuse its discretion when it excluded the Switzer’s psychological assessment from evidence. Finds McGill failed to properly authenticate the psychological assessment as a record of a regularly conducted activity. Also finds sufficient evidence to rebut McGill’s mistake of fact defense.

David McLean, individually and derivatively on behalf of Greek’s Mobile Response Team, LLC v. Joshua Trisler, et al.
19A-PL-417
Civil plenary. Reverses the Hamilton Superior Court’s judgment in concluding that David McLean failed to establish damages against Joshua Trisler, David Koeppen, Greek’s Mobile Response Team, LLC, Rolling in Dough, and several other defendants. Finds McLean has abandoned all claims against all Defendants except for Trisler, Koeppen, and Rolling Dough and that he has established that he has the right to pursue direct claims against them. Also finds the trial court erred in concluding that McLean failed to establish money damages for Trisler’s and Koeppen’s acts of forgery, counterfeiting, and breach of fiduciary duty; Trisler’s acts of fraud; and the unjust enrichment of Trisler, Koeppen, and Rolling in Dough. Remands for the entry of judgment in favor of McLean, as an individual, in the amount of $197,500 and for the entry of an award of attorney’s fees in the amount of $21,193.84, and a determination of whether enhanced damages up to triple damages may be warranted among other things.

Christina Nicole Bowman v. Robert Allen Browne (mem. dec.)
20A-JP-934
Juvenile paternity. Affirms the Hamilton Superior Court’s order on all pending matters in favor of Robert Browne against Christina Bowman. Finds the trial court’s order was supported by the evidence and is not clearly erroneous.

David Edward Jackson, III v. State of Indiana (mem. dec.)
20A-CR-616
Criminal. Affirms the denial of David Jackson III’s motion in Lake Supreior Court to dismiss the state’s cause against him for violation of Indiana Criminal Rule 4(C). Finds that the 365 days available to bring Jackson to trial under Criminal Rule 4(C) had not elapsed. Thus, the trial court did not abuse its discretion when it denied Jackson’s motion to dismiss. Remands for proceedings consistent with the opinion.

Wayne Anderson v. State of Indiana (mem. dec.)
20A-CR-1129
Criminal. Affirms the revocation of Wayne Anderson’s probation and imposition of his previously suspended sentence in Howard Circuit Court. Concludes that Anderson forfeited his appellate review for additional credit time in two cases. Finds the trial court did not abuse its discretion in calculating his credit time in a third case and finds the trial court was not required to instruct Anderson of his right to appeal pursuant to Criminal Rule 11.

James Barrient v. State of Indiana (mem. dec.)
20A-CR-1250
Criminal. Affirms James Barrient’s 15-year sentence with 10 years executed in the Department of Correction and five years suspended to probation for his conviction in Clark Circuit Court of Class B felony child molesting and two counts of Class D felony possession of child pornography. Finds his sentence is not inappropriate.

Michael W. Gillam v. State of Indiana (mem. dec.)
19A-PC-3001
Post conviction. Affirms the denial of Michael Gillam’s petition for post-conviction relief in St. Joseph Superior Court. Finds Gillam failed to present a cogent argument and has therefore waived his claims on appeal. Finds no error in the trial court’s denial of Gillam’s petition for post-conviction relief.