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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Indiana Supreme Court opinion was posted after IL deadline on Monday:
WEOC, Inc. d/b/a Wings, Etc. and Romo, LLC d/b/a El Cantarito v. Leah Niebauer, Special Representative of the Estate of Nathan Blount, Deceased
23S-CT-184
Civil tort. Affirms the LaPorte Superior Court’s denial of WEOC Inc. and Romo LLC’s motion to dismiss. Finds the Dram Shop Act modified but did not eliminate common-law liability for entities that furnish alcohol. Also finds the Estate of Nathan Blount’s negligence claim satisfies the Dram Shop Act’s requirements and includes operative facts capable of supporting relief.
Tuesday opinions
Court of Appeals of Indiana
Desmond Banks v. State of Indiana
23A-CR-896
Criminal. Affirms and reverses in part Desmond Banks’ convictions in a quadruple murder and his de facto life sentence. Finds the Marion Superior Court properly denied Banks’ motion for mistrial based on Critical Emergency Response Team members approaching and standing behind him as jurors filed out of the courtroom. Also finds three of the four robbery convictions should be vacated due to insufficient evidence. Finally, finds Desmond’s convictions for the murder and Level 2 felony robbery of Marcel Wills constitute double jeopardy, and his 220-year sentence is inappropriate. Reduces his sentence to 135 years. Remands with instructions for the trial court to enter conviction for Level 5 felony robbery. Judge Cale Bradford concurs in part and dissents in part with separate opinion.
Joseph S. Kornman and Sirenia Kornman v. Verna Bowling
23A-MI-1740
Miscellaneous. Affirms the Hamilton Superior Court’s order granting Vera Bowling visitation with E.K., her grandchild. Finds Bowling had standing to seek visitation under the Grandparent Visitation Act.
In Re the Termination of the Parent-Child Relationship of: D.P. (Minor Child) T.P. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1281
Juvenile termination of parental rights. Affirms the termination of mother T.P.’s parental rights over D.P. Finds no clear error in the Crawford Circuit Court’s judgment.
Josue Lozano-Capistran v. State of Indiana (mem. dec.)
23A-CR-1630
Criminal. Affirms Josue Lozano-Capistran’s conviction of Level 6 felony voyeurism. Finds witness testimony referring to K.G. as the victim did not invade the jury’s province to determine the law and the facts.
Luz D. Reyes, as Personal Representative of The Estate of J’Mel D. Dowdell, Sr., Deceased v. Semeret Adhanom (mem. dec.)
23A-ES-1669
Estate, supervised. Reverses the Marion Superior Court’s judgment in favor of Semeret Adhanon and its award of attorney fees and costs. Finds the findings are not supported by the evidence. Remands for an evidentiary hearing.
In the Matter of the Adoption of R.S. (Minor Child); A.K. and M.S. v. J.S. and G.S. (mem. dec.)
23A-AD-1908
Adoption. Affirms the Vanderburgh Superior Court’s grant of a petition to adopt R.S. filed by grandparents J.S. and G.S. Finds the trial court did not clearly err in concluding that mother A.K. and father M.S. failed to provide care and support for R.S. as required by law for over a year despite being able to do so.
Michael E. Rice v. State of Indiana (mem. dec.)
23A-CR-2033
Criminal. Affirms Michael E. Rice’s aggregate two-year sentence for Class A misdemeanor possession of marijuana, Class C misdemeanor operating a motor vehicle while never having received a valid driver’s license and Level 6 felony possession of cocaine or narcotic drug. Finds Rice’s sentence is not inappropriate in light of the nature of his offenses and his character.
Curtis L. Williams, Jr. v. State of Indiana (mem. dec.)
23A-CR-2160
Criminal. Affirms Curtis L. Williams Jr.’s conviction of Level 4 felony burglary and his adjudication as a habitual offender. Finds Williams invited the Elkhart Superior Court to entertain his day-of-trial request for self-representation, so even if it may be considered untimely per se, he has shown no reversible error Also finds his waiver of counsel was made voluntarily, knowingly and intelligently. Finally, finds sufficient evidence supports the habitual offender adjudication.
Brandy Mischell Collins v. State of Indiana (mem. dec.)
23A-CR-2624
Criminal. Affirms the Decatur Superior Court’s sanction for Brandy Collins’ probation violation. Finds the trial court did not abuse its discretion when it revoked Collins’ probation and ordered her to serve a portion of her previously imposed sentences.
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