Court opinions

Indiana Court of Appeals

Stephen M. Davis v. State of Indiana (mem. dec.)
21A-CR-52
Criminal. Affirms Stephen M. Davis’ sentence to five years executed in the Department of Correction for his conviction of Level 5 felony attempted overpass mischief. Finds the Madison Circuit Court did not abuse its discretion when it sentenced Davis. Also finds Davis’ sentence is not inappropriate in light of the nature of the offense and his character. Judge Elizabeth Tavitas concurs in result with separate opinion.

7^th Circuit Court of Appeals

Mike Butler v. Kilolo Kijakazi, Acting Commissioner of Social Security
20-3187
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.

Civil. Affirms the denial of Mike Butler’s request for disability insurance benefits under Title II of the Social Security Act. Finds the administrative law judge did not fail to consider Butler’s age. Also finds the ALJ followed the procedures that are appropriate to a case such as this one in which exertional and nonexertional impairments impede the claimant’s ability to perform some jobs within a category. Finally, finds any error in the district court’s failure to recite expert testimony as to the number of jobs available to Butler to Indiana was harmless.

Indiana Court of Appeals

In re the Matter of D.L. (Minor Child), M.L. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JC-2108
Juvenile CHINS. Affirms the adjudication of father M.L.’s minor child, D.L., as a child in need of services. Finds M.L. has not established that his due process rights were violated or that the juvenile court abused its discretion when it refused to take judicial notice of his pending post-conviction relief petition. Also finds the Department of Child Services proved D.L. is a CHINS.

Indiana Court of Appeals
Marcos Leon v. State of Indiana (mem. dec.)
21A-CR-107
Criminal. Affirms the sentencing order entered after Marcos Leon pleaded guilty to Level 6 felony attempted voyeurism. Finds the Vanderburgh Circuit Court’s reasoning for declining to enter Leon’s conviction as a Class A misdemeanor was based on the circumstances of the crime, not because the state objected, so Leon failed to show there is a need for a remand. Also finds the trial court did not abuse its discretion by denying Leon’s request to enter his conviction as a misdemeanor.

Indiana Court of Appeals

D.W. v. State of Indiana (mem. dec.)
20A-JV-1811
Juvenile. Affirms the order waiving D.W. into adult court following the state’s petition alleging him to be a delinquent. Finds the juvenile court did not abuse its discretion in waiving D.W. into adult court given his history of sexually abusing multiple children since 2012.

Indiana Court of Appeals
Linda G. Holsten, individually and as surviving spouse of Paul A. Holsten, Deceased v. Lynn Faur, M.D., and Cameron Memorial Community Hospital, Inc. a/k/a Urgent Care of Cameron Hospital
20A-CT-2072
Civil tort. Vacates the Steuben Circuit Court’s entry of partial summary judgment to Cameron Memorial Community Hospital on the sepsis theory of Linda Holsten’s medical malpractice complaint. Finds the trial court lacked subject matter jurisdiction over the sepsis theory portion of Holsten’s claim because it was not presented to the medical review panel. Remands with instructions for the trial court to dismiss, without prejudice, the sepsis theory portion of her claim.

Craig Blackwell v. Superior Safe Rooms, LLC, et al.
20A-PL-02081
Civil plenary. Reverses the denial of Craig Blackwell’s motion to pierce judgment of defendant’s – Superior Safe Rooms, LLC – corporate veil and hold garnishee defendants – Superior, Wharff Excavating, LLC, Michael M. Wharff, and John H. Byers –liable for plaintiff’s judgment. Finds the Hendricks Circuit Court erred when it failed to find as a fact that the contract for the safe room was between Blackwell and Superior, failed to make necessary findings, as requested by Blackwell, about factors relevant to disregarding Superior’s corporate form. Also finds the trial court clearly erred in concluding “Blackwell presented no evidence that any of the Aronson vs. Price, 644 N.E.2d 864, 867 (Ind. 1994)… factors CAUSED [his] damages.”

Indiana Court of Appeals
Charles William Smith, Jr. v. State of Indiana (mem. dec.)
20A-CR-2311
Criminal. Affirms Charles Smith Jr.’s conviction for Level 2 felony dealing in cocaine. Finds Smith unambiguously waived his right to be free from searches without reasonable suspicion as a condition of his placement in community corrections, so Marion County Community Corrections had Smith’s consent to search his residence. Also finds sufficient evidence to support the conviction.

The following Indiana Supreme Court opinion was posted after IL deadline on Wednesday:

Kevin Charles Isom v. State of Indiana
45S00-1508-PD-00508
Post conviction. Affirms the post-conviction court’s judgment against Kevin Isom. Finds the post-conviction court was correct to hold Isom to his burden of presenting developed legal theories and establishing the grounds for relief. Finds Isom has not established that the post-conviction court erred on multiple grounds, including in denying his renewed motion for a competency hearing; denying his discovery request for the State’s lethal-injection protocol and finding execution-validity challenge waived; denying his discovery request for juror contact information and finding issue waived; limiting the testimony of two expert witnesses; and finding his challenge to his petition’s filing date waived.