Court opinions

The following Indiana Supreme Court opinion was posted after IL deadline on Monday:
Brian W. Kinman v. State of Indiana
20S-CR-569
Criminal. Grants transfer to Brian Kinman’s petition and summarily affirms the portion of the Indiana Court of Appeals opinion finding that Kinman’s oral motion to withdraw his guilty plea was procedurally defective. Finds the Fayette Circuit Court did not abuse its discretion in denying Kinman’s motion. However, also finds the trial court failed to include in its summary order any findings or conclusions on the issues Kinman raised in his de facto petition for post-conviction relief. Remands for entry of a revised order that complies with Indiana’s Post-Conviction Rules, including Rule 1(6).

Indiana Court of Appeals
M.A. v. Review Board of the Indiana Department of Workforce Development
20A-EX-160
Agency. Affirms the decision of the review board of the Indiana Department of Workforce Development affirming the decision of an administrative law judge that M.A. had insufficient wage credits to meet the statutory requirements to establish a claim for unemployment benefits. Finds the board did not err when it affirmed the ALJ’s decision denying M.A. unemployment benefits.

Indiana Court of Appeals
In the Matter of the Supervised Estate of Donald L. Moster, Sr., Deceased; Lisa Voltz, Successor Personal Representative, and Donald L. Moster, Jr. v. Rose M. Deschand (mem. dec.)
20A-ES-938
Estate. Affirms on interlocutory appeal the Hamilton Superior Court order denying Lisa Voltz’s and Donald L. Moster Jr.’s motion to void the marriage between Donald L. Moster Sr. and Rose M. Deschand. The trial court found insufficient evidence of a lack mental of physical and mental capacity for Donald Sr., and the trial court did not err in denying the motion.

Indiana Court of Appeals
Joel Barrozo v. State of Indiana
19A-CR-2037
Criminal. Vacates one of Joel Barrozo’s reckless driving convictions due to double jeopardy grounds. Remands to St. Joseph Superior Court with instructions to vacate one of those convictions and to resentence accordingly. However, affirms his remaining convictions for three counts of Level 5 felony reckless homicide, Class A misdemeanor reckless driving, and one count of Class A misdemeanor leaving the scene of an accident.

Indiana Court of Appeals
Bryan L. Flowers v. State of Indiana
19A-CR-322
Criminal. Affirms Bryan Flowers’ aggregate 85-year sentence for conviction of murder. Finds the Allen Superior Court did not abuse its discretion and that the sentence is not inappropriate based on the nature of the offense and Flowers’ character.

7^th Circuit Court of Appeals
Bruce Webster v. T. Watson
19-2683
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s decision vacating Bruce Webster’s death sentence based on a finding that he is intellectually disabled. Finds the district court’s findings contain no clear error.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Christopher Andre Vialva v. T. J. Watson, Warden, United States Penitentiary, Terre Haute
20-2710
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the denial of petition for writ of habeas corpus sought by Christopher Andre Vialva, thereby denying his request for a stay of execution. Finds Vialva has not established even a better-than-negligible chance of prevailing in his quest for another round of collateral review.

Indiana Court of Appeals
Michaele Schon and Neal Schon v. Mike Frantz, ESG Security, Inc., Allen County War Memorial Coliseum, and Live Nation Worldwide, Inc.
20A-CT-741
Civil tort. Affirms the grant of summary judgment in Allen Superior Court in favor of Allen County War Memorial Coliseum against claims brought by Michaele and Neal Schon for an alleged injury Michaele sustained during a Journey concert. Finds the trial court did not deprive the Schons of an opportunity to conduct additional discovery, that the coliseum is a political subdivision under the Indiana Tort Claims Act and is immune from liability under the ITCA.