Indiana Court of Appeals
Don Harley v. State of Indiana
20A03-1012-PC-630
Post conviction. Reverses denial of petition for post-conviction relief and remands for a new trial. Harley’s trial attorney was ineffective when she failed to inform the trial court that Harley’s only income consisted of Supplemental Security Income.
A Marion Superior judge has sentenced an Indianapolis woman who offered illegal immigration services without a law license and evaded paying her income taxes through that business.
Following an order from the Indiana Supreme Court that the lower appellate court more fully address the Proportionality Clause of the Indiana Constitution, the Indiana Court of Appeals has again upheld a man’s felony theft conviction.
The U.S. Department of Justice announced Thursday that it’s closed its investigation into whether federal criminal civil rights charges should be filed against the Indianapolis Metropolitan Police Department officers involved in the arrest of Indianapolis teenager Brandon Johnson. Johnson claimed officers used excessive force while trying to arrest him.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jason Keigley v. State of Indiana (NFP)
49A04-1012-CR-743
Criminal. Affirms convictions of and sentence for Class C felony identity deception and five counts of Class D felony fraud in loan brokering.
Michael Yates v. State of Indiana (NFP)
34A05-1009-CR-582
Criminal. Affirms convictions of felony aiding, inducing, or causing murder and two counts of aiding, inducing, or causing attempted murder as Class A felonies.
Christina Smith v. Trilogy Health Services (NFP)
67A05-1006-PL-644
Civil plenary. Reverses order Smith pay $1,000 in attorney fees to Trilogy Health Services as a sanction for a discovery dispute. Remands for further proceedings.
Metals & Additives Corp., Inc., et al. v. Dagoberto Hornedo, et al. (NFP)
49A02-1011-PL-1213
Civil plenary. Affirms denial of Metals & Additives Corp.’s request for injunctive relief seeking to prevent Hornedo and St. Louis Group from using MAC trade secrets and alleging Hornedo breached his fiduciary duties.
Kimberly A. Kelley v. State of Indiana (NFP)
45A04-1010-CR-638
Criminal. Affirms conviction of Class A felony neglect of a dependent, revises the sentence to the advisory sentence, and remands with instructions to vacate the Class A felony battery conviction and sentence.
Betty Nolot v. Richard A. Nolot, et al. (NFP)
22A01-1012-PL-643
Civil plenary. Affirms denial of summary judgment for Richard Nolot as to the invasion of privacy claim and the grant of summary judgment for Richard on the trespass claim. Reverses grant of summary judgment for Richard on the conversion, unjust enrichment, and replevin claims. Remands for further proceedings.
Johnnie Gustafson v. State of Indiana (NFP)
05A04-1010-CR-647
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jason Keigley v. State of Indiana (NFP)
49A04-1012-CR-743
Criminal. Affirms convictions of and sentence for Class C felony identity deception and five counts of Class D felony fraud in loan brokering.
Indiana Lawyer is sponsoring Practicing Law in Indiana: Trademarks CLE event on August 12 in Indianapolis. Speaker David Wong of Barnes & Thornburg will present “Cloudy with a chance of infringement: Protecting your brand in the virtual world.” He will speak about strategies for cracking down on online infringement, phishing, and scams; imminent release of personalized domain names (.branding, .computers, .yourcompanyname); defending your brand in social media and with software application names; and online marketing and advertising — keywords, terms of service, and the FTC.
Registration and lunch begin at 11:15 a.m.; the program is from noon to 2:15 p.m. at Barnes & Thornburg, 5th Floor Conference Center, 11 S. Meridian St., Indianapolis. The cost is $65 or $55 for government employees, which includes a lunch. Two hours of CLE credit is available. Visit Indiana Lawyer 's events page to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected]. Registrations are due by Aug. 5.
A Kokomo attorney is not entitled to collect his contingency fees from a hospital in his representation of a patient caught in an insurance dispute, the Indiana Court of Appeals has held.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
James W. Miller v. State of Indiana
64A03-1008-CR-543
Criminal. Affirms convictions of two counts of Class A misdemeanor neglect of a vertebrate animal. The evidence is sufficient to show that Miller recklessly endangered the horses’ health by failing to provide them adequate food so as to neglect them. The trial court’s failure to appoint the state veterinarian doesn’t require the reversal of Miller’s convictions.
Christopher Brightman v. State of Indiana (NFP)
22A01-1011-CR-603
Criminal. Affirms convictions of Class D felonies receiving stolen property and theft.
Rudolfo G. Rodriguez, Jr. v. Lakeview Title, LLC (NFP)
76A03-1101-PL-36
Civil plenary. Affirms summary judgment for Lakeview Title and denial of Rodriguez’s motion for summary judgment in his suit for negligence and unjust enrichment.
Derek A. Bishop v. State of Indiana (NFP)
06A01-1012-CR-683
Criminal. Affirms convictions of two counts of Class D felony battery.
J.H. v. B.H. (NFP)
02A04-1010-DR-729
Domestic relation. Affirms order modifying custody in response to father J.H.’s relocation to Ohio.
Matthew William Huttle v. State of Indiana (NFP)
45A03-1012-CR-634
Criminal. Affirms sentence for Class D felony battery.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
James W. Miller v. State of Indiana
64A03-1008-CR-543
Criminal. Affirms convictions of two counts of Class A misdemeanor neglect of a vertebrate animal. The evidence is sufficient to show that Miller recklessly endangered the horses’ health by failing to provide them adequate food so as to neglect them. The trial court’s failure to appoint the state veterinarian doesn’t require the reversal of Miller’s convictions.
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a medical malpractice action, finding there are questions around whether the plaintiff timely filed the proposed complaint.
In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”
The Indiana Court of Appeals was divided in a case involving a man who was convicted of driving a motor vehicle while his privileges were suspended, with one judge agreeing with the state that the defendant’s scooter qualified as a motor vehicle under statute.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Mary McCraney v. Steven Gibson, et al.
49A05-1009-CT-528
Civil tort. Affirms summary judgment in favor of Steven Gibson, and Bradley and Natalie Calow with respect to Mary McCraney’s negligence claim resulting in personal injuries. Applying the two-prong test, which finds that the duty of reasonable care imposed upon a landowner is measured by the landowner’s control or possession of the property and the landowner’s knowledge of the dangerous propensities of the dog, McCraney fails to prove the landlords knew of the dog’s violent propensity.
Jo. W. v. Je. W.
02A04-1012-DR-811
Domestic relation. Affirms denial of husband Jo.W.’s Indiana Trial Rule 60(B) motion for relief from judgment. An allegation of intrinsic fraud is governed by T.R. 60(B)(3), and a motion for relief under T.R. 60(B)(3) must be brought within one year from the date of the judgment challenged. Husband’s motion was not timely and the trial court properly denied it.
Marc Randolph v. Edwin Buss, et al.
33A04-1010-MI-684
Miscellaneous. Affirms denial of petition for writ of habeas corpus. Based on the new language of Indiana Code 35-50-6-3.3(e), Randolph was not entitled to the unused educational credit time.
Robert Fuentes v. State of Indiana
45A05-1011-CR-717
Criminal. Affirms conviction of felony murder. The trial court erred in refusing to tender Robert Fuentes’ instruction on self-defense as it was a more complete statement of the law. It was a harmless error as the jury could not have properly found that Fuentes acted in self-defense when he shot the victim a second time.
Jamall Borum v. State of Indiana
49A02-1010-CR-1099
Criminal. Affirms convictions of and sentences for Class B felony attempted carjacking and Class C felony attempted robbery. There was not a reasonable possibility that the jury relied upon exactly the same facts in rendering convictions on each charge, and the single larceny rule and continuous crime doctrine do not apply. Remands to correct the abstract of judgment and judgment of conviction consistent with the opinion.
Jay C. Gagne v. State of Indiana
03A01-1101-IF-16
Infraction. Affirms jury verdict that Gagne made an illegal U-turn on the interstate. Gagne’s actions violated the provisions of Indiana Code 9-21-8-19.
Robin (Wren) Lechien v. Michael W. Wren
48A02-1007-DR-882
Domestic relation. Affirms finding that son Nathan has repudiated his relationship with his father, relieving the father of any further responsibility to contribute toward college expenses. Reverses modification of father’s weekly child support obligation because the trial court erred in adjusting father’s support obligation. Remands with instructions to enter a child support order consistent with this opinion.
Matthu R. Sanders v. State of Indiana (NFP)
17A05-1012-CR-756
Criminal. Affirms conviction of and sentence for Class A felony robbery while armed with a deadly weapon.
Michael Hickingbottom v. State of Indiana (NFP)
48A02-1012-PC-1429
Post conviction. Affirms denial of petition for post-conviction relief.
Term. of Parent-Child Rel. of M.M.; M.G. v. IDCS (NFP)
49A02-1012-JT-1420
Juvenile. Affirms termination of parental rights.
Robert Pope, et al. v. Patrick Smith (NFP)
17A04-1010-SC-655
Small claim. Affirms order of eviction in favor of landlord Patrick Smith.
William J. Pearson v. State of Indiana (NFP)
81A01-1011-CR-634
Criminal. Affirms revocation of 23 years of Pearson’s suspended sentence.
Teresa A. Mills v. State of Indiana (NFP)
15A01-1012-CR-673
Criminal. Affirms revocation of probation.
Term. of Parent-Child Rel. of R.R, et al.; T.E. v. IDCS (NFP)
20A05-1101-JT-9
Juvenile. Affirms termination of parental rights.
Richard D. Gasper v. State of Indiana (NFP)
73A01-1009-CR-474
Criminal. Affirms conviction of and sentence for Class D felony battery with serious bodily injury.
Melissa Kay Sneed v. State of Indiana (NFP)
16A01-1103-CR-134
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.
Herschel S. Crain, Jr. v. State of Indiana (NFP)
29A04-1101-PC-36
Post conviction. Affirms denial of petition for post-conviction relief.
James Goins v. State of Indiana (NFP)
49A02-1012-CR-1321
Criminal. Affirms revocation of probation.
Herbert Buck v. Sonia Buck (NFP)
48A02-1009-DR-1070
Domestic relation. Reverses denial of Herbert Buck’s motion to correct error after the trial court ordered he reimburse Sonia for certain taxes. Remands with instructions.
Term. of Parent-Child Rel. of K.B.; M.B. v. IDCS (NFP)
42A01-1101-JT-42
Juvenile tort. Affirms termination of parental rights.
Shawn Michael Davis v. State of Indiana (NFP)
71A03-1011-CR-649
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.
Christian Behling v. State of Indiana (NFP)
71A04-1010-CR-688
Criminal. Affirms revocation of probation.
DeQuan D. Branch v. State of Indiana (NFP)
49A02-1010-CR-1126
Criminal. Affirms conviction of Class B felony possession of cocaine within 1,000 feet of a family housing complex and/or school property.
Karl L. Brunk v. State of Indiana (NFP)
49A02-1008-CR-877
Criminal. Affirms conviction of Class A misdemeanor endangering a person by operating a vehicle while intoxicated.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Mary McCraney v. Steven Gibson, et al.
49A05-1009-CT-528
Civil tort. Affirms summary judgment in favor of Steven Gibson, and Bradley and Natalie Calow with respect to Mary McCraney’s negligence claim resulting in personal injuries. Applying the two-prong test, which finds that the duty of reasonable care imposed upon a landowner is measured by the landowner’s control or possession of the property and the landowner’s knowledge of the dangerous propensities of the dog, McCraney fails to prove the landlords knew of the dog’s violent propensity.
Lawmakers and other stakeholders will discuss issues surrounding Indiana criminal code and sentencing at interim study committee meetings this week.
A four-person search committee continues reviewing applications of individuals who have expressed interest in becoming the next Indiana Prosecuting Attorneys Council director. About 20 people have applied to take over the post after the agency’s current leader, Stephen Johnson, retires Aug. 1.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Lauren Pease v. Edward Pease (NFP)
18A05-1010-DR-671
Domestic relation. Affirms division of marital estate and order that each party pay its own attorney fees.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted five transfers and denied 25 for the week ending July 22.
Indiana Court of Appeals
Lauren Pease v. Edward Pease (NFP)
18A05-1010-DR-671
Domestic relation. Affirms division of marital estate and order that each party pay its own attorney fees.
The Indiana Supreme Court has granted transfer to five cases, including a first impression issue dealing with Social Security income and restitution.