Opinions Nov. 17, 2020

The following Indiana Supreme Court opinion was posted after IL Daily deadline Monday:
K.C.G. v. State of Indiana
20S-JV-263
Juvenile. Vacates K.C.G.’s delinquency adjudication and the modification of his probation based on that adjudication in Marion Superior Court. Remands with instructions to dismiss the State’s petition, finding the juvenile court lacked jurisdiction because the offense of dangerous possession of a firearm can never be committed by an adult.

Tuesday’s opinions
Indiana Supreme Court
Matthew Stidham v. State of Indiana
20S-PC-634 
Post-conviction. Affirms the Delaware Circuit post-conviction court’s order granting relief to Matthew Stidham, who was sentenced to 138 years after being convicted of murder, Class A felony robbery, Class B felony criminal confinement and Class C felony battery. Finds two major shifts in the law – one easing the standard under which the Indiana Supreme Court can review and revise sentences and the other from U.S. Supreme Court which limits when juveniles can be given the harshest punishments – opened the door for the Indiana justices to reconsider Stidham’s sentence. Recognizes the brutal nature of the crime but also notes Stidham’s abusive childhood and his steps toward rehabilitation. Revises his sentence to 88 years. Justice Geoffrey Slaughter dissented, arguing the majority should not have granted relief under Appellate rule 7(B) because the Stidham did not raise those claims. 

Donnell Dontrell Wilson v. State of Indiana
19S-PC-548
Post-conviction. Reduces Donnell Wilson’s 181-year sentence to an aggregate sentence of 100 years on review of his post-conviction relief petition. Finds his sentence was not unconstitutional under the Eighth Amendment because the protections for juvenile life-without-parole sentences are inapplicable to a term of years sentence. Finds the Lake Superior Court’s consideration of such factors was adequate. Concludes Wilson’s appellate counsel performed inadequately when he failed to request appellate review of the sentence’s appropriateness under Appellate Rule 7(B). Justice Geoffrey Slaughter concurs in part and dissents in part with separate opinion.

Indiana Court of Appeals
Tyler Wayne Harris v. State of Indiana
20A-CR-732
Criminal. Affirms Tyler Harris’ 30-year sentence for conviction in Orange Coircuit Court of Level 1 felony neglect of a dependent resulting in death and the rejection of his plea agreement. Finds Harris failed to establish that the trial court abused its discretion in rejecting his plea agreement.

In the Matter of the Termination of the Parent-Child Relationship of O.K. & B.K. (Minor Children) and T.A. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-618
Juvenile termination of parental rights. Affirms the termination of T.A.’s parental rights to her children B.K. and O.K in Steuben Circuit Court. Finds that mother has failed to establish that she was denied due process in relation to the termination of her parental rights to the Children.

Brian Vukadinovich v. Kallie Lolkema and Donald Webb (mem. dec.)
19A-CT-2353
Civil tort. Affirms the LaPorte Superior Court jury’s ruling in favor of Kallie Lolkema in a case brought by Brian Vukadinovich after a car crash. Finds that the trial court did not abuse its discretion in denying Vukadinovich’s motion to correct error, among other things. Finds that the trial court did not err in denying Kallie Lolkema’s request for attorney fees because the record lacks proof that the qualified settlement offer received by Vukadinovich contained Lolkema’s counsel’s address as required by Indiana Code section 34- 50-1-4(6). 

Justin Jones v. State of Indiana (mem. dec.)
20A-CR-512
Criminal. Affirms the denial of Justin Jones’ motions in Marion Superior Court to suppress evidence obtained following a warrantless search of a cell phone and a subsequent search of that same cell phone pursuant to a search warrant. Finds Jones has not demonstrated that the court committed reversible error when it denied his motion to suppress a photograph pursuant to the warrantless search.

Terry G. Baugh v. State of Indiana (mem. dec.)
19A-CR-2978
Criminal. Affirms Terry Baugh’s conviction of dealing in Level 2 felony methamphetamine. Finds Baugh has failed to show that his convictions on both offenses violated the prohibition against double jeopardy. Finds sufficient evidence to support the Vigo Superior Court’s conviction.