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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 opinion was published after IL’s deadline Wednesday:
Indiana Supreme Court
Bradley Cooley v. Shelly Cooley
23S-DN-245
Domestic relations without children. Affirms the Morgan Superior Court’s judgment ordering Bradley Cooley to obtain and subsidize a life insurance policy to secure Shelly Cooley’s distribution. Finds Bradley Cooley waived his argument that the court erred by not considering his tax consequences.
Thursday opinions
Indiana Court of Appeals
Mohamed R. Nawwar v. State of Indiana (mem. dec.)
23A-IF-2684
Infraction. Affirms the Boone Superior Court’s judgment that Mohamed Nawwar committed speeding in a worksite without workers present, a Class B infraction. Finds the evidence is sufficient to support the trial court’s judgment.
Marvin L. Kelly v. State of Indiana (mem. dec.)
23A-CR-2424
Criminal. Affirms the Vigo Superior Court’s revocation of Melvin Kelly’s placement in community corrections. Finds that, based upon Kelly’s lengthy history of probation violations and the proof of multiple recent community corrections rule violations at the evidentiary hearing, the trial court did not abuse its discretion in ordering him to execute the entirety of his previously suspended sentence in the Department of Correction.
Enedeo Rodriguez, Jr. v. State of Indiana (mem. dec.)
23A-PC-2137
Post conviction relief. Affirms the Elkhart Circuit Court’s denial of Enedeo Rodriguez’s petition for post-conviction relief. Finds that his trial counsel was not ineffective in failing to object to evidence on the basis that it was seized in violation of the Indiana Constitution when SWAT team members used a flash-bang device while executing a search warrant at his home.
Jared Sullivan v. Chris Pruitt (mem. dec.)
23A-SC-1944
Small claims. Affirms the Washington Circuit Court’s judgment for Chris Pruitt on Pruitt’s complaint alleging nonpayment for a concrete-pouring project at Jared Sullivan’s home. Finds Sullivan has not shown that the trial court’s finding is clearly erroneous. Judge Elizabeth Tavitas concurs in part and dissents in part, with separate opinion.
Santiago Jesus Heiny v. State of Indiana (mem. dec.)
23A-CR-1082
Criminal. Affirms Santiago Heiny’s convictions in Johnson Circuit Court of Level 4 felony attempted arson, Level 6 felony strangulation, Level 6 felony intimidation, and Class A misdemeanor domestic battery and his aggregate sentence of 10 years, with two years suspended to probation. Finds Heiny has failed to persuade that his aggravated sentence, which falls short of the maximum, is an outlier needing revision. Also finds the trial court did not abuse its discretion.
Midwest Entertainment Ventures, Inc. d/b/a Theatre X v. The Town of Clarksville (mem. dec.)
23A-PL-967
Civil plenary. Affirms the Clark Circuit Court’s order finding Midwest Entertainment Ventures, Inc. in contempt of a discovery order. Finds the trial court did not abuse its discretion by concluding that MEV had not complied with the order.
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