Opinions March 30, 2020

Indiana Supreme Court
Cathy Jo Robertson v. State of Indiana
19S-PL-432
Civil plenary. Affirms the Jennings Superior Court’s denial of the motion to dismiss Counts I and II, misappropriation of public funds, against Cathy Jo Robertson reverses the trial court’s denial of the motion to dismiss Count III as to the Crime Victims Relief Act claim and remands for further proceedings consistent with this opinion. Finds that as to claims to recover public funds pursuant to Indiana Code § 5-11-5-1(a), the limitations period begins to run only after the Office of the Attorney General receives a final, verified report from the State Board of Accounts. Also finds that claims pursuant to the CVRA are governed by the discovery rule. Justice Geoffrey Slaughter concurs in judgment with separate opinion. 

Indiana Court of Appeals
Payton Bell v. State of Indiana
19A-CR-2354
Criminal. Affirms Payton Bell’s conviction for Level 5 felony carrying a handgun without a license having a previous felony conviction within 15 years. Finds neither Bell’s Fourth Amendment rights nor his Article 1, Section 11 rights were infringed upon when his conduct led to deputies to search and frisk him.

Douglas Furbee, Furbee Properties, LLC, Furbee Properties I, LLC v. Gregory L. Wilson, Sr. in his Official Capacity as Executive Director of the Indiana Civil Rights Commission, and Shelley Linder
19A-PL-1756
Civil plenary. Reverses the Delaware Circuit Court’s denial of summary judgment to Douglas Furbee, Furbee Properties LLC and Furbee Properties I LLC on Shelley Linder’s request to have an emotional support animal in spite of her landlord’s no-pet policy. Finds the landlord could not meaningfully review Linder’s request when she failed to provide information about her disability and disability-related need for the animal. Remands with instructions for the trial court to enter summary judgment in favor of the landlord.

T.G. v. A.G. (mem. dec.)
19A-PO-1630
Protective order. Affirms the denial of T.G.’s motion to set aside A.G.’s order for protection. Finds the Hamilton Superior Court did not abuse its discretion in denying T.G.’s motion to set aside.

Bryant L. Foust v. State of Indiana (mem. dec.)
19A-CR-1258
Criminal. Affirms an order lifting the stay of Byrant Foust’s previously imposed sentence. Finds Foust’s right to due process was not violated when the Delaware Circuit Court lifted the stay and ordered him to serve his previously-suspended sentence.

Juan C. Rojas v. State of Indiana (mem. dec.)
19A-CR-2348
Criminal. Affirms Juan Rojas’ conviction for Level 1 felony attempted murder. Finds sufficient evidence to support the conviction.

Jesus Pedraza, Jr. v. State of Indiana (mem. dec.)
19A-CR-850
Criminal. Affirms Jesus Pedraza Jr.’s conviction for two counts of murder. Finds the St. Joseph Superior Court did not err when it found Pedraza’s statement to police was voluntary and that he waived his right to counsel. Also finds the trial court did not abuse its discretion in admitting Pedraza’s redacted statement. Finally, finds any error in the limitation of cross-examination, the exclusion of Pedraza’s proffered exhibits and the exclusion of a National Institute of Standards and Technology study was harmless.

Joshua Elroy Robinson v. State of Indiana (mem. dec.)
19A-CR-1655
Criminal. Affirms the sentence imposed by the Madison Circuit Court after terminating Joshua Robinson’s participation in re-entry court. Finds the state presented sufficient evidence that Robinson violated the rules of re-entry court and was subject to termination. Also finds the trial judge did not fail to exercise discretion in sentencing Robinson and, accordingly, denies Robinson’s request that the Court of Appeals remand the case for resentencing.

Devin Bowman v. State of Indiana (mem. dec.)
19A-CR-2574
Criminal. Affirms Devin Bowman’s conviction for Level 6 felony possession of a narcotic. Finds sufficient evidence to support the conviction.

In the Matter of M.T., K.B. v. The Indiana Department of Child Services (mem. dec.)
19A-JC-2402
Juvenile CHINS. Affirms the adjudication of mother K.B.’s child as a child in need of services. Finds sufficient evidence to support the juvenile court’s judgment.

In the Matter of M.K., (Minor Child), Child in Need of Services and V.K. (Father) v. The Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
19A-JC-2355
Juvenile CHINS. Affirms the adjudication of father V.K.’s minor child M.K. as a child in need of services. Finds sufficient evidence to support the adjudication.

James Brandon Loper v. State of Indiana (mem. dec.)
19A-CR-2449
Criminal. Affirms the denial of James Loper’s motion to reduce bond. Finds the Vanderburgh Circuit Court did not abuse its discretion.

Bruce E. Brooks, Jr. v. State of Indiana (mem. dec.)
19A-CR-2381
Criminal. Affirms the revocation of Bruce Brooks Jr.’s probation. Finds Brooks was not denied due process. Also finds the evidence is sufficient to sustain the revocation.

In the Matter of the Paternity of B.Y., Andrea Yanes-Mirabal v. Pardeep Badasay (mem. dec.)
19A-JP-1645
Juvenile paternity. Affirms the finding of mother Andrea Yanes-Mirabal in contempt and the Hamilton Circuit Court’s order awarding primary physical and sole legal custody to father Pardeep Badasay. Finds the trial court did not abuse its discretion in finding Andrea in contempt, nor did it abuse its discretion in awarding primary physical custody to Pardeep.

Tabetha Lynn Smith v. State of Indiana (mem. dec.)
19A-CR-2129
Criminal. Affirms Tabetha Smith’s 12-year executed sentence for conviction of Level 3 felony neglect of a dependent. Finds her sentence is not inappropriate.

Justin S. Counceller v. State of Indiana (mem. dec.)
19A-CR-2150
Criminal. Affirms the order that Justin Counceller serve the remainder of his sentence in the Indiana Department of Correction after violating the rules of his placement in the Continuum of Sanctions Program. Finds sufficient evidence that Counceller violated the terms of the program. Also finds the Madison Circuit Court did not abuse its discretion in admitting the testimony of a case manager with the program.