Court opinions

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Timothy J. Brown v. Indiana Department of Environmental Management
20S-MI-609
Miscellaneous. Grants transfer and vacates a portion of the Indiana Court of Appeals’ affirming opinion in Timothy Brown’s case against IDEM, finding that the law-of-the-case doctrine “is applicable only when an appellate court determines a legal issue, not a trial court.” Finds that the COA need not have reached so broad a conclusion to resolve the issue. Otherwise affirms the Marion Superior Court’s conclusion that the law-of-the-case doctrine does not apply in this case’s specific circumstances.

Indiana Supreme Court
Stanley V. Watson v. State of Indiana
20S-CR-64
Criminal. Reverses the denial of Stanley Watson’s motion to dismiss a retrial of the habitual offender allegation against him for violations of Indiana Criminal Rule 4(C). Finds that although Criminal Rule 4(C) does not apply to a habitual offender retrial, Watson’s constitutional right to a speedy trial in Ripley Circuit Court was violated by the extraordinary six-plus-year delay in beginning his retrial. Remands with instructions to vacate Watson’s habitual offender enhancement. Justice Geoffrey Slaughter concurs except as to Part II.C. without separate opinion.

Indiana Court of Appeals
Jordan Allen Temme v. State of Indiana
20A-CR-275
Criminal. Affirms the denial of Jordan Allen Temme’s motion for the Vanderburgh Superior Court to apply the doctrine of “credit for time erroneously at liberty” after he was erroneously released from incarceration. Finds that the Department of Corrections’ inadvertent and quickly discovered error does not operate under the law of the state to cancel any part of Temme’s punishment for the crimes for which he was justly convicted and sentenced. Also finds the trial court did not err in denying Temme’s motion.

Timothy A. Cooper v. State of Indiana (mem. dec.)
20A-CR-00855
Criminal. Affirms Timothy Cooper’s Level 5 felony conviction in Tippecanoe Superior Court of failure to register as a sex or violent offender with a prior conviction. Finds the evidence was sufficient and Cooper has not demonstrated that he was harmed by the jury seeing him in shackles and in custody.

Indiana Court of Appeals
Sydney Renner v. Trevor J. Shepard-Bazant
19A-CT-02745
Civil tort. Reverses the Lake Superior Court’s denial of Sydney Renner’s motion to correct error, in which she asked for an increased damages award stemming from a car crash involving Trevor Shepard-Bazant. Finds the trial court’s treatment of Renner’s prior two concussions as separate incidents, rather than as contributing to Renner’s injuries and damages arising from the auto accident, was against the logic and effect of the facts and circumstances before the court and resulted in error in the calculation of damages. Remands for a retrial.

Indiana Supreme Court
In the Matter of the Termination of the Parent-Child Relationship of K.R., J.T.R, J.L.R., & E.R. (Minor Children); A.B. (Mother) and J.R. (Father) v. Indiana Department of Child Services
20S-JT-63
Juvenile termination. Affirms Steuben Circuit Court’s decision to admit drug test results, finding the results fit the records of a regularly conducted activity exception pursuant to Indiana Evidence Rule 803(6). Held Forensic Fluid Laboratories which conducted the tests on the parents does depend on the records to operate. Also, determined the records met the other indicia for reliability including they are subject to review, audit or internal check; the precision engendered by the repetition; and the fact that the person furnishing the information has a duty to do it correctly.