Opinions Oct. 4, 2023

The following opinions were posted after IL deadline Tuesday:
Indiana Supreme Court
Matthew H. Thomas Davis v. State of Indiana
22S‐CR‐253
Criminal. Grants rehearing in part to clarify that the majority opinion addresses only the issue Matthew H. Thomas Davis presented, which required the high court to decide whether it could nullify his appeal waiver through a direct appeal based on his claim that the trial court gave contradictory advisements. Notes the opinion does not disturb prior precedents, including the holdings in Crider v. State, 984 N.E.2d 618 (Ind. 2013), and Archer v. State, 81 N.E.3d 212 (Ind. 2017). Chief Justice Loretta Rush and Justice Christopher Goff concur in the grant of rehearing but dissent from the revised majority opinion.

Indiana Tax Court
Mary Abraytis v. Porter County Assessor
21T-TA-42
Tax. Affirms the Indiana Board of Tax Review’s final determination valuing Mary Abraytis’ real property for the 2020 assessment year. Finds Abraytis has not met her burden to show that the board’s final determination is erroneous.

Wednesday opinions
Court of Appeals of Indiana
In the Matter of J.P., A Child in Need of Services, A.P., v. Indiana Department of Child Services (mem. dec.)
23A-JC-476
Juvenile CHINS. Affirms the Hamilton Superior Court’s order adjudicating mother A.P.’s minor child, J.P, as a child in need of services. Finds any error in admitting Exhibit 2 was harmless. Also finds the trial court’s CHINS adjudication was supported by sufficient evidence and was not clearly erroneous.

The Estate of Dorothy Lease, with Sue Sailors as Personal Representative, and The Lease Family Trust Number One, Susan Sailors as Trustee v. The Estate of Juanita Jane Hershey (mem. dec.)
22A-PL-2186
Civil plenary. Affirms the Fulton Circuit Court’s denial of the Estate of Dorothy Lease’s motion for summary judgment. Reverses the trial court’s award of damages based upon farm leases from the years 2009–2015 and treble damages. Finds the trial court did not err in its judgment as it relates to the ownership of certain farm accounts, attorney fees and the exclusion of certain witness testimony. Also finds the trial court erred in its determination that the statute of limitations did not apply. Remands with instructions.

Danate Lowe v. State of Indiana (mem. dec.)
23A-CR-504
Criminal. Affirms Danate Lowe’s convictions in the St. Joseph Superior Court of murder and Level 5 felony battery by means of a deadly weapon. Finds the evidence sufficiently supports Lowe’s convictions.

Joseph Lewis v. State of Indiana (mem. dec.)
23A-CR-690
Criminal. Affirms Joseph Lewis’s conviction of Class B misdemeanor unauthorized entry of a motorized vehicle in Marion Superior Court. Finds the state disproved Lewis’s mistake-of-fact defense beyond a reasonable doubt.

Brione Jackson v. State of Indiana (mem. dec.)
22A-CR-2524
Criminal. Affirms the Hamilton Superior Court’s denial of Brione Jackson’s motion to suppress a handgun and any statements he had made following its discovery as evidence. Finds that the search of Jackson’s vehicle was reasonable under both the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution.

Corey M. Webb v. State of Indiana (mem. dec.)
22A-CR-3001
Criminal. Affirm the Madison Circuit Court’s order finding Corey Webb had violated the terms and conditions of probation. Finds Webb is entitled to have his written sanctions order accurately reflect the court’s decision. Also finds the trial court did not abuse its discretion by making Webb’s placement determination. Remands with instructions to enter a corrected written sanctions order.

Ondrea Hartley, Lillian Jones, Regina Redding, Linda Spivey, Individually and derivatively on behalf of Chatam Walk Townhouses, Inc v. Chatham Walk Townhouses, Inc., et. al. (mem. dec.)
23A-MI-421
Miscellaneous. Affirms the Marion Superior Court’s denial of a request for a preliminary injunction by homeowners Ondrea Hartley, Lillian Jones, Regina Redding and Linda Spivey against their homeowners’ association, Chatham Walk Townhouses Inc., following the HOA’s demand that its members pay a $100 monthly surcharge for all water and sewer services provided to its members. Findsthe trial court did not abuse its discretion when it found that the risk to the homeowners was not outweighed by the risk to the HOA.