Opinions Sept. 8, 2020

Editor’s note: Today’s opinions have been updated with an additional Indiana Supreme Court opinion issued Tuesday afternoon, Patrick Humphrey v. Brian Tuck, US Xpress, Inc.

Indiana Supreme Court
Patrick Humphrey v. Brian Tuck, US Xpress, Inc.
20S-CT-548
Civil tort. Grants transfer and affirms the Jackson Superior Court’s entry of judgment on a jury’s $40,000 damages verdict in favor of Patrick Humphrey, and the trial court’s denial of Humphrey’s motion to correct error. Finds there was enough evidence to support giving the challenged failure-to-mitigate jury instruction.

D.P. v. State of Indiana; State of Indiana v. N.B.
20S-JV-443
Juvenile. In consolidated cases, finds juvenile courts lack jurisdiction to waive into adult court people over the age of 18 based on delinquency petitions alleging what would be child molestation committed while they were juveniles. Finds under the plain language of the relevant statutes, a juvenile court does not have subject matter jurisdiction to waive an alleged delinquent offender into adult criminal court if the individual is no longer a “child.” Reverses the juvenile court in D.P. and remands to the Putnam Circuit Court with instructions to dismiss. Affirms the Madison Circuit Court’s dismissal in N.B. 

Indiana Court of Appeals
Harjinder Singh v. Amardeep Singh and Gurdwara Hargobind Sahib Ji Corp.
20A-CT-959
Civil tort. Reverses the Johnson Superior Court’s order of summary judgment in favor of Gurdwara Hargobind on Harjinder’s Singh’s personal injury claim arising from his stabbing during a confrontation in April 2018 at the Sikh temple in Greenwood. Remands for proceedings. Gurdwara Hargobind had notice of present and specific circumstances that would cause a reasonable person to recognize the risk of an imminent criminal act and had reason to recognize the probability or likelihood of looming harm.

Steven W. Rowland v. State of Indiana
19A-CR-2761
Criminal. Affirms Steven W. Rowland’s convictions of misdemeanor counts of possession of marijuana and possession of paraphernalia, finding that his convictions do not constitute double jeopardy because the offenses are separate and distinct.

John E. Martin v. State of Indiana (mem. dec.)
20A-CR-228
Criminal. Affirms John Martin’s conviction of Level 5 felony operating a vehicle while intoxicated, finding no error in the admission of blood draw evidence in Tippecanoe Circuit Court.

Maurice E. Turentine v. State of Indiana (mem. dec.)
19A-CR-2816
Criminal. Affirms Maurice Turentine’s conviction in Marion Superior Court of Level 2 felony manslaughter. The trial court abused its discretion in admitting evidence regarding Turentine’s marriage, but the error was harmless. Judge Rudolph Pyle concurs in result without opinion.

Paul Parsley v. State of Indiana (mem. dec.)
19A-PC-2262
Post-conviction. Affirms the Fayette Circuit Court’s denial of Paul Parsley’s petition for post-conviction relief, finding the trial court did not err in determining he did not receive ineffective assistance of counsel.

Kennith Tyler v. State of Indiana (mem. dec.)
20A-CR-483
Criminal. Affirms Kennith Tyler’s conviction of Level 6 felony domestic battery, finding the incredible dubiosity rule does not apply in his case and the evidence is sufficient to support his conviction in Allen Superior Court.

Lorenzo Johnson v. State of Indiana (mem. dec.)
20A-CR-898
Criminal. Affirms Lorenzo Johnson’s sentence of 2½ years in prison for his conviction of Level 6 felony and Class A misdemeanor theft counts. Finds the sentence imposed in Lake Superior Court was not inappropriate.

State of Indiana v. Donald L. Worth (mem. dec.)
19A-PC-2066
Post-conviction. Reverses the Marion Superior Court’s grant of Donald Worth’s petition for post-conviction relief. Finds the trial court erred in determining the state violated the exculpatory evidence rule in Brady v. Maryland, 373 U.S. 83 (1963), and that Worth is not entitled to relief. Remands.

Dashawn D. Drye v. State of Indiana (mem. dec.)
20A-CR-516
Criminal. Affirms Dashawn Drye’s conviction of Level 6 felony criminal recklessness. Finds the Delaware Circuit Court did not abuse its discretion in prohibiting Drye from cross-examining a witness about a pending robbery charge and the evidence was sufficient.

James Stephens v. Brian Smith (mem. dec.)
19A-MI-2136
Miscellaneous. Affirms the denial of James Stephens’ petition for writ of habeas corpus, holding that the Putnam Superior Court did not err when it denied his requests for reinstatement of good time credit.

Jena M. Anderson v. Derick A. Willis (mem. dec.)
19A-JP-3099
Juvenile paternity. Affirms the Monroe Circuit Court’s grant of Derick Willis’ petition to modify custody over Jena Anderson’s minor children, finding the trial court did not err.