Court opinions

Court of Appeals of Indiana
State of Indiana v. Trisha M. Woodworth
22A-CR-2557
Criminal. Reverses the grant of the Lake Superior Court’s own motion to correct error, vacating Trisha Woodworth’s conviction of Level 1 felony neglect of a dependent resulting in death and granting Woodworth a new trial, but also reverses Woodworth’s conviction. Finds the trial court abused its discretion when it granted its own motion to correct error. Also finds there is insufficient evidence to support the conviction.

Court of Appeals of Indiana
Jose Luis Lopez Interiano v. State of Indiana (mem. dec.)
23A-CR-1557
Criminal. Affirms Jose Luis Lopez Interiano’s conviction of Class C misdemeanor operating a vehicle while intoxicated. Finds the state presented sufficient evidence of Interiano’s impairment at the time he was operating the vehicle.

Court of Appeals of Indiana
AMW Investments, Inc. et al. v. The Town of Clarksville, et al.
23A-PL-508
Civil plenary. Reverses the order finding AMW Investments Inc. in contempt of an order compelling discovery responses. Finds AMW’s supplemental discovery responses, including objections, were timely submitted. Also finds the Clark Circuit Court erred when it refused to consider the objections contained in AMW’s first supplemental discovery responses. Remands with instructions to consider those objections. Judge Paul Felix concurs in result with separate opinion.

Court of Appeals of Indiana
Michael Puchowski v. Tamara Wade (mem. dec.)
23A-EV-321
Evictions. Affirms the denial of recovery for Michael Puchowski for claimed property damages after he was awarded a $1,505 judgment against his former tenant. Finds Puchowski waived his arguments by failing to comply with appellate rules, so he has not shown prima facie error.

Court of Appeals of Indiana
In re the Adoption of A.J.T.: F.G. v. D.K. and W.K. (mem. dec.)
23A-AD-1902
Adoption. Affirms the St. Joseph Probate Court’s grant of D.K. and W.K.’s petition to adopt A.J.T. Finds the probate court did not abuse its discretion in dispensing with father F.G.’s consent requirement.

Court of Appeals of Indiana
James Joseph Zentko v. Cassandra Lynn Zentko (mem. dec.)
23A-DR-1455
Domestic relations. Affirms the Clay Superior Court’s order modifying James Zentko’s obligation to pay college expenses for his child, J.D.Z. Finds the trial court did not err when it modified Zentko’s post-secondary educational expenses obligation to cover the child’s enrollment at Illinois Eastern Community Colleges at Olney. Also finds the trial court did not abuse its discretion when it found the father in contempt and ordered him to pay a portion of mother’s attorney’s fees.

The following 7^th Circuit Court of Appeals opinion was published after IL’s deadline Friday:
United States of America v. David Hueston
23-1057
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly A. Brady.
Criminal. Affirms the judgment of the U.S. District Court for the Northern District of Indiana in its denial of a motion to suppress evidence. Finds the district court reasonably found the detectives’ testimony was credible and because the good-faith exception applied, it correctly denied David Hueston’s motion to suppress evidence. Also finds Hueston failed to present evidence that the issuing judge was not acting in a neutral and detached way.

Court of Appeals of Indiana
Thomas Stone v. State of Indiana
23A-CR-625
Criminal. Affirms Thomas Stone’s convictions of three counts of Level 3 felony rape. Finds that for two of Stone’s rape convictions, as neither is included in the other, they do not constitute violations of double jeopardy principles.

Court of Appeals of Indiana
In Re: The Paternity of V.D.; Brittney Kozenko (Mother) v. Isaac Diaz (Father)
23A-JP-688
Juvenile paternity. Affirms the portion of the Carroll Circuit Court’s order denying mother Brittney Kozenko’s request to relocate to Utah with the parties’ child, but reverses the grant of primary physical custody to father Isaac Diaz. Finds sufficient evidence was presented to support the determination that relocation was not in the child’s best interests. Also finds the trial court clearly erred when it awarded primary physical custody to father. Remands with instructions to enter an order that reflects the trial court’s reconsideration and clarification of that issue and includes a determination regarding what physical custody award is in child’s best interests.

Court of Appeals of Indiana
Jeremy W. Kelly v. State of Indiana
23A-CR-1805
Criminal. Affirms Jeremy W. Kelly’s conviction of Level 2 felony voluntary manslaughter. Finds the Jay Circuit Court did not abuse its discretion when it refused to grant an attorney’s motion to withdraw on the morning of the sentencing hearing.