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Opinions Feb. 27, 2015 ILD

Indiana Court of Appeals
Myron D. Killebrew v. State of Indiana (mem. dec.)
34A05-1407-CR-318
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy and admission of certain photographs into evidence.

In Re: The Adoption of B.J.P., Minor Child, B.W. and J.P. v. N.C. and K.C. (mem. dec.)
64A03-1409-AD-329
Adoption. Affirms denial of mother’s motion to withdraw her consent to the adoption of her child.

Carl Louis Moore, Jr. v. State of Indiana (mem. dec.)
16A01-1408-CR-353
Criminal. Affirms aggregate 12-year sentence for Class C felonies robbery and attempted robbery.

Colleen Chaplin v. State of Indiana (mem. dec.)
64A03-1408-CR-276
Criminal. Reverses restitution order following conviction of Class D felony theft and remands for further proceedings.

Kenneth L. Kemp, Jr. v. State of Indiana (mem. dec.)
48A02-1404-CR-254
Criminal. Affirms convictions of two counts of Class D felony dealing in marijuana and one count of Class D felony maintaining a common nuisance.

In re The Support of J.B.W. and M.A.W., A.A.W. v. A.D.P. (mem. dec.)
89A01-1409-JP-403
Juvenile. Affirms order granting mother permission to relocate the parties’ two minor children to New York.

Joseph Singleton v. State of Indiana (mem. dec.)
32A01-1407-CR-323
Criminal. Affirms convictions of Class A felony child molesting and Class C felony attempted child molesting but revises Singleton’s sentence to 20 years.

In re the Estate of Joyce Hunter ; Jeffrey Barnes v. Dawn Renee Hunter, and Regina McKinney (mem. dec.)
08A02-1404-ES-273
Estate, supervised. Affirms trial court’s refusal to admit to probate a holographic codicil allegedly executed on Oct. 7, 2012.

Stan Kruse v. DeKalb County Plan Commission (mem. dec.)
17A03-1406-PL-227
Civil plenary. Affirms summary judgment in favor of the commission regarding its request for an injunction against Kruse, who had violated certain zoning ordinances.

In the Matter of the Termination of the Parent-Child Relationship of: D.C., G.C. & S.C., Minor Children, A.C., Mother and D.C., Father v. The Indiana Department of Child Services (mem. dec.)
90A02-1408-JT-599
Juvenile. Affirms involuntary termination of parental rights.

 

Opinions Feb. 27, 2015

Indiana Court of Appeals
Tyrone Shelton v. State of Indiana
71A03-1408-CR-309
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana, Class C felony possession of cocaine, and Class D felony possession of a Schedule I controlled substance. The anonymous tip exhibited sufficient indicia of reliability to create reasonable suspicion for the search in accordance with the Fourth Amendment.

Wife wins appeal of division of marital estate

The Indiana Court of Appeals agreed with a wife in a divorce proceeding that the trial court erred in how it calculated and divided the marital estate. The lower court incorrectly attributed the value of Florida real estate to the wife’s share of the marital pot as well as failed to credit her for paying the parties’ tax debt.

Search of home of man in community corrections based on reasonable suspicion

A trial court acted within its discretion in admitting evidence seized from a man’s home, the Indiana Court of Appeals held Friday. The police search was justified by reasonable suspicion that the man engaged in criminal activity and a search condition contained in his agreement with community corrections.

Opinions Feb. 26, 2015 ILD

Indiana Court of Appeals
Tonya Windell v. Portfolio Recovery Associates, LLC (mem. dec.)
31A04-1409-CC-429
Civil collection. Affirms summary judgment in favor of Portfolio Recovery Associates on its complaint for collection of credit card debt.

Larry Lefler v. State of Indiana (mem. dec.)
82A05-1408-PC-407
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of K.E., Child and J.E. (Father) and S.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
82A04-1407-JT-320
Juvenile. Affirms termination of parental rights.

Stephen Schauf v. State of Indiana (mem. dec.)
49A02-1406-CR-444
Criminal. Affirms conviction of Class B misdemeanor battery.

Marco Webster v. State of Indiana (mem. dec.)
49A02-1404-CR-253
Criminal. Affirms convictions of four counts of Class B felony robbery while armed with a deadly weapon and one count of Class A felony robbery resulting in serious bodily injury.

D'Andre Driver v. State of Indiana (mem. dec.)
49A02-1407-CR-487
Criminal. Affirms convictions for Class C felony forgery and Class D felony theft.

Beth Marquardt v. Rick L. Barnes and State of Indiana (mem. dec.)
90A02-1406-JP-410
Juvenile. Affirms in part and reverses in part order modifying child support. Remands for reduction of credit assigned to father for overnight parenting time until the child is three years of age and for the entry of a revised order and child support obligation worksheet reflecting this adjustment.

Brandy L. Lawson v. State of Indiana (mem. dec.)
29A05-1408-CR-366
Criminal. Affirms sentence for Class D felony resisting law enforcement.

 

Opinions Feb. 26, 2015

7th Circuit Court of Appeals
Betty Ruth Nelson v. Peggy Holinga Katona, individually and in her official capacity as Lake County Auditor, et al.
13-1652
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms judgment entered against Nelson on her lawsuit that she was unlawfully terminated from her job in the auditor’s office because of her political support of Barack Obama. Nelson failed to file any post-verdict motions.

Treatment facility sufficiently showed man was a danger to others

The Indiana Court of Appeals affirmed a man’s 90-day involuntary commitment in a mental health facility because the treatment facility presented sufficient evidence that the man posed a substantial risk of harming others and was therefore dangerous.

Grant of judicial review following license suspension reversed

Because an Indiana driver did not take advantage of an available statutory method for challenging the suspension of her license before filing a petition for judicial review, the Court of Appeals reversed the grant of judicial review that ruled in her favor.

COA ruling revives non-union subcontractor’s Antitrust Act claim

A non-union subcontractor presented evidence establishing a genuine issue of material fact that the company awarded a contract to build a new school violated Indiana’s Antitrust Act by unlawfully restraining open and free competition for the public project, the Court of Appeals held Thursday.

Lack of post-verdict motion dooms fired employee’s appeal

The 7th Circuit court of Appeals quickly affirmed a jury verdict against a former employee in the Lake County Auditor’s Office who claimed she was unlawfully terminated for political reasons. The ex-employee failed to file any post-verdict motions, a necessary first step for the appeals court to review the case.

COA interprets Uniform Premarital Act for first time

A premarital agreement entered into by a pregnant teenage girl and her future husband who was twice her age was unconscionable when the agreement was executed in 1995, the Indiana Court of Appeals held Thursday in an issue of first impression.

Senate panel OK’s Obama attorney general pick

Loretta Lynch won approval from a key Senate committee Thursday to serve as the nation's next attorney general, as divided Republicans clashed over her support for President Barack Obama's immigration policies.

Opinions Feb. 25, 2015, ILD

Indiana Court of Appeals
Rachel Staggs v. Corena Buxbaum (mem. dec.)
47A01-1406-PL-254
Civil plenary. Affirms finding against Staggs on a claim of fraudulent misrepresentation. Remands with instructions to reconsider and recalculate the damages.

Michael C. Feldhake v. Meryle Feldhake (mem. dec.)
49A04-1405-DR-250
Domestic relation. Affirms judgment of the trial court regarding the value of certain assets but remands for the limited purpose of allowing the court to address matters of payment pursuant to the provisional agreement and joint tax liability.

John Deckard v. State of Indiana (mem. dec.)
53A01-1405-PC-222
Post conviction. Affirms denial of petition for post-conviction relief.

Clay Howard v. State of Indiana (mem. dec.)
48A02-1406-CR-384
Criminal. Affirms murder conviction.
 

Opinions Feb. 25, 2015

Indiana Court of Appeals
Gordon L. Peak, Jr. v. State of Indiana
27A04-1406-CR-260
Criminal. Affirms conviction of Class D felony possession of marijuana in excess of 30 grams. Trial counsel was not deficient for failing to file a motion to suppress the marijuana or for not objecting at trial to the admission of it on the grounds the traffic stop was illegal.