Opinions Dec. 20, 2021

The following Indiana Supreme Court opinion was posted after IL deadline Friday:
Johnetta Ruth Hall v. State of Indiana
20S-LW-00660
Life without parole. Affirms Johnetta Hall’s convictions of murder and conspiracy to commit murder, and her sentence to life in prison without parole and a concurrent 35-year sentence. Finds sufficient evidence to support her convictions and the jury’s finding that Hall committed the statutory aggravator of murder-for-hire. Also finds the Jennings Circuit Court did not abuse its discretion by admitting Kerry Heald’s 2017 deposition and excluding a Sept. 29, 2015, statement to police, and any error related to the admission or exclusion of evidence was harmless. Finally, finds Hall’s LWOP sentence for conspiracy to committee murder doesn’t warrant a 7(B) revision.

Monday opinions
Court of Appeals of Indiana
Michael C. Niccum v. State of Indiana
21A-CR-1533
Criminal. Reverses the Vigo Superior Court’s omission of Michael Niccum’s credit time from its calculation of his sentence following the revocation of his probation. In a question of first impression, finds the calculation of good time credit is a function of the defendant’s accrued time. Remands with instructions for the court to award to Niccum three days of accrued time and one day of good time credit.

Justin Brabson v. State of Indiana (mem. dec.)
21A-PC-1160
Post-conviction relief. Affirms the Hendricks Superior Court’s denial of post-conviction relief for Justin Brabson, who was sentenced to 72 years for murder. Finds Brabson has not shown a Brady violation. Also finds Brabson has not established that he was denied effective assistance of trial or appellate counsel.

Jason C. Burkett v. State of Indiana (mem. dec.)
20A-PC-1570
Post-conviction relief. Dismisses Jason C. Burkett’s appeal for post-conviction relief without prejudice. Finds the Cass Circuit Court has not yet issued a final ruling on Burkett’s successive petition for post-conviction relief. Remands to the post-conviction court for further proceedings.

Antonio Deon Liggons v. State of Indiana (mem. dec.)
21A-CR-1247
Criminal. Affirms Antonio Liggons’ conviction of Level 2 felony robbery. Finds the evidence sufficient to support the conviction beyond a reasonable doubt.

Robert Lynn Company, Inc., Kevin Stumler, and Julianna Stumler v. Floyd County, Indiana, Floyd County Plan Commission, Callie Potts, Charles Freiberger, John Schellenberger, Don Loughmiller, Chris Lane, Rebecca Gardenour, Paul Maymon, and Jeff Fessel, individually (mem. dec.)
21A-PL-1345
Civil plenary. Affirms the dismissal of a complaint made by Robert Lynn Company Inc., Kevin Stumler and Julianna Stumler for failure to prosecute against Floyd County, the Floyd County Plan Commission, Callie Potts, Charles Freiberger, John Schellenberger, Don Loughmiller, Chris Lane, Rebecca Gardenour, Paul Maymon and Jeff Fessel, individually. Finds the Floyd Circuit Court was correct that the delay weighed in favor of dismissal. Finds the Floyd Circuit Court’s decision to dismiss the action is not clearly erroneous.

In re the Termination of the Parent-Child Relationship of Z.B. (Minor Child) and P.I. (Father) and M.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1398
Juvenile termination of parental rights. Affirms the Fountain Circuit Court’s order to terminate mother M.B and father P.I.’s parental rights to Z.B. Finds neither parent has established reversible error.

Sat Adlaka v. Dr. Rajan Sharma, DDS, and Dr. Rajan Sharma, DDS d/b/a Eon Clinics (mem. dec.)
21A-CT-1555
Civil tort. Affirms summary judgment awarded to Dr. Rajan Sharma and Eon Clinics and against Sat Adlaka Finds Adlaka failed to carry his burden as to fraud and negligence. Also finds Adlaka’s pro se motion for partial summary judgment as to breach of contract lacked any cognizable legal argument.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.C. and P.P. (Minor Children), and H.C. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1591
Juvenile termination of parental right. Affirms the Fountain Circuit Court’s termination of father H.C.’s parental rights to his minor children, B.C. and P.P. Finds clear and convincing evidence supports the trial court’s conclusion that there is a reasonable probability of unchanged conditions. Also finds clear and convincing evidence supports the trial court’s conclusion that termination of H.C.’s parental rights is in the children’s best interests.

Tom E. Mills v. State of Indiana (mem. dec.)
21A-CR-1683
Criminal. Affirms Tom Mills’ conviction for Level 6 possession of a controlled substance, his adjudication as a habitual offender and his 5½-year aggregate sentence. Reverses his conviction of Class A misdemeanor possession of a controlled substance under double jeopardy. Finds the trial court did not err in the admission of evidence. Also finds Mills’ possession for both counts constituted a single transaction. Finally, finds Mills’ sentence is not inappropriate. Remands with instructions to the Wabash Circuit Court to vacate the misdemeanor conviction.