Opinions Jan. 30, 2024

Indiana Supreme Court
Tailar L. Spells v. State of Indiana
23S-CR-232
Criminal. Affirms the retention of Tailar Spells’ cash bail to cover her $100 supplemental public defender fee and $2 jury fee. Vacates the $20 fine and other costs and fees. Finds the statutory agreement under Indiana Code § 35-33-8-3.2(a) permits application of cash bail to the whole of a defendant’s public defender costs. Also finds a court may retain cash bail to pay most other fines, costs and fees only after considering the defendant’s ability to pay. Finally, finds the indigency determination in this case was incomplete. Remands for further proceedings on the fines, costs and fees.

Court of Appeals of Indiana
Greenfield Avenue Properties, LLC, and Hassan Shanehsaz v. Board of Zoning Appeals of The City of Noblesville (mem. dec.)
23A-PL-976
Civil plenary. Affirms the Hamilton Superior Court’s order affirming the Board of Zoning Appeals of the City of Noblesville’s decision, which affirmed the determination of the city’s planning and development director that operating a drug rehabilitation and counseling facility on Greenfield Avenue Properties LLC and Hassan Shanehsaz’s residentially zoned property is not a permitted use. Finds the appellants have failed to demonstrate that the BZA’s decision is invalid. Also finds the appellants do not have standing to assert any violations of Chapel Church’s constitutional religious rights.

Kayla E. Hart v. State of Indiana (mem. dec.)
23A-CR-2031
Criminal. Affirms Kayla Hart’s aggregate two-year sentence for Level 6 felony battery on a person less than 14 years of age, Class A misdemeanor criminal trespass and Class B misdemeanor battery. Finds Hart has not proven that her sentence is inappropriate in light of the nature of her offenses and her character.

Jesse W. Blinson v. State of Indiana (mem. dec.)
22A-CR-2920
Criminal. Affirms Jesse W. Blinson’s convictions of Level 1 felony child molesting and Level 4 felony child molesting. Finds the Madison Circuit Court did not abuse its discretion, let alone commit fundamental error, when it determined that the time, content and circumstances of C.P.’s Kids Talk video bore sufficient indicia of reliability to be admitted at trial. Also finds the trial court did not abuse its discretion by not excluding Tracey Townsend’s testimony under Evidence Rules 401 or 403, nor did it err in admitting Townsend’s testimony recounting C.P.’s statements during 2021 therapy sessions that described visions, sensations and nightmares that she was experiencing at the time. Finally, finds Blinson has failed to show that the prosecutor’s statements during voir dire made a fair trial impossible or constituted a clearly blatant violation of basic and elementary principles of due process that presented an undeniable and substantial potential for harm.

Jhanika R. Nance v. State of Indiana (mem. dec.)
23A-CR-2180
Criminal. Affirms Jhanika R. Nance’s conviction of Level 3 felony rape. Finds evidence of probative value was presented from which the Madison Circuit Court as trier of fact could find beyond a reasonable doubt that Nance committed rape as a Level 3 felony.

Billy Miles v. State of Indiana (mem. dec.)
23A-CR-1838
Criminal. Affirms Billy Miles’ sentence to 12 years, with 10 years executed and two years suspended to probation, for convictions of two counts of Level 4 felony sexual misconduct with a minor. Finds Miles’ sentence is not inappropriate.

Zachary Douglas v. State of Indiana (mem. dec.)
23A-CR-1670
Criminal. Affirms Zachary Douglas’ conviction of Level 4 felony causing death when operating a vehicle while intoxicated and his six-year sentence. Finds the evidence is sufficient to support Douglas’ conviction. Also finds the Warrick Circuit Court did not abuse its discretion by excluding Douglas’ out-of-court statements. Finally, finds Douglas has failed to show that his sentence is inappropriate based on the nature of the offense and his character.

David Willard Becht, Jr. v. Debra White f/k/a Becht (mem. dec.)
23A-DN-1238
Domestic relations, no children. Affirms the awarded of 75% of the marital estate to Debra White and 25% to David W. Becht Jr. Finds the Vanderburgh Superior Court did not abuse its discretion in finding that an unequal division of the marital estate was just and reasonable.

Centier Bank v. 1987 Troy Road LLC, Boyd and Company Construction LLC, and Michael E. Boyd (mem. dec.)
23A-MF-1261
Mortgage foreclosure. Affirms the denial of Centier Bank’s motion to amend its complaint to include 1987 Troy Road LLC on a count of replevin to recover secured personal property from the property owner’s premises. Finds the Daviess Circuit Court reasonably concluded that the property owner was entitled to invoke the doctrine of equitable estoppel to prevent the bank’s attempt to amend its complaint.