Opinions

Indiana Supreme Court
William Clyde Gibson III v. State of Indiana
22S00-1206-DP-359
Death penalty. Affirms the imposing of the death penalty following Gibson’s conviction for murder. Finds the sentence is not inappropriate “in light of the horrific manner in which Gibson took (his victim’s) life and his lack of redeeming character traits.” In regards to the jury, rules the trial court did not err in refusing to dismiss the entire venire panel and did not abuse its discretion in denying Gibson’s request to ask a case-specific question during voir dire, his for-cause juror challenges and his request to instruct the jury on voluntary manslaughter. Holds the trial court also did not abuse its discretion in denying Gibson’s request for a fourth continuance.

Indiana Court of Appeals
In the Matter of Term. of the Parent-Child Relationship of: B.H. and S.H., and B.H. and M.B. v. The Ind. Dept. of Child Services
91A02-1504-JT-213
Juvenile. Affirms termination of parental rights. The trial court did not abuse its discretion by denying mother’s last-minute motions to continue termination hearings. There is no reason to conclude mother did not receive a fair hearing. The juvenile court did not err by finding that the termination of the relationship with mother and father is in the best interests of the children. The fact of father’s incarceration is not the sole evidence supporting termination.

Indiana Court of Appeals
Kile Richard Stockert v. State of Indiana
Criminal. Affirms Department of Correction designation that Stockert is a sexually violent predator and offender against children. Based on the record and Ind. Code § 35-38-1-7.5(b) and § 11-8-8-19(b), the trial court did not err in denying Stockert’s petition for declaratory judgment.

Indiana Supreme Court
Ray Clifton v. Ruby McCammack
49S02-1504-CT-228
Civil tort. Affirms trial court grant of summary judgment in favor of motorist Ruby McCammack in a negligent infliction of emotional distress lawsuit filed by Ray Clifton, the father of a moped driver struck and killed in a crash. Clifton may not recover under the bystander rule because he does not meet the three circumstantial factors — that the scene viewed was essentially as it was at the time of the incident, that the victim was in essentially the same condition as immediately following the incident, and that the claimant was not informed of the incident before coming upon the scene.

Indiana Supreme Court
Blake Layman & Levi Sparks v. State of Indiana
20S04-1509-CR-548.
Criminal. Vacates conviction of murder and remands for entry of conviction of Class B felony burglary and for Layman and Sparks to be resentenced accordingly. Members of the “Elkhart 4,” Layman and Sparks were convicted of murder in the death of Danzele Johnson, who was shot by a homeowner whose house the suspects burglarized. There was simply nothing about the Appellants’ conduct or the conduct of their cohorts that was ‘clearly the mediate or immediate cause’ of their friend’s death, the court held.

Indiana Court of Appeals
Tywaun Carter v. State of Indiana
49A04-1502-CR-52
Criminal. Affirms Carter’s conviction of two counts of Level 1 felony rape and 32-year sentence on each count to be served concurrently in the Indiana Department of Correction. Finds the victim’s work as a prostitute did not render her testimony and statements unbelievable, incredible or improbable. Rules the fact that the victim had been engaging in prostitution does not excuse Carter’s violent behavior or make his sentence inappropriate.  

Indiana Court of Appeals

R.L. Turner Corporation v. William Wressell
06A05-1411-PL-540
Civil plenary. Affirms the trial court’s inclusion of fringe benefits in the calculation of total compensation and the calculation of attorney fees. Finds the trial court did not include any of Wressell’s overtime in its calculation of total compensation. Remands with instructions for the trial court to award Wressell an additional $1501.68.   

Indiana Court of Appeals
Hoker Trucking, LLC and Linda L. Phillips v. Pamela K. Robbins, as Administratrix of the Estate of Mike Douglas Robbins Deceased
89A01-1411-CT-468
Civil tort. Reverses award of attorney fees and prejudgment interest to Pamela Robbins. Finds as the surviving spouse, Robbins is not entitled to recover attorney costs under the adult provision (Indiana Code 34-23-1-2) in the Indiana general wrongful death statute.

Indiana Court of Appeals
Bryan E. Mitten v. Cynthia L. Mitten
11A01-1501-DR-8
Domestic. Affirms determination of Bryan E. Mitten’s child support obligations and division of the parties’ debts. The trial court ordered that the adoptive father pay $235 per week in child support retroactive to the filing of the divorce petition. The trial court did not abuse its discretion in determining support, and there was no error in the trial court’s division of debt.

Indiana Court of Appeals
Robert Blackford v. Boone County Area Plan Commission and Boone County Drainage Board
06A01-1410-MI-437
Miscellaneous. Affirms denial of Blackford’s oral request for a continuance made on the day of trial. Finds Blackford did not articulate any good cause for a continuance or show that he would be prejudiced.

Indiana Supreme Court
Dennis Boyer and Richard Smith v. Ernest Smith, Suzanne Cassidy, Esq., and In-Plas, Inc.
15S01-1509-CT-526
Civil tort. Affirms trial court ruling that it lacked personal jurisdiction over Cassidy, an attorney licensed in Kentucky. Rules Cassidy’s contacts with Indiana were products of her relationship with the plaintiffs and her client.

7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday:
United States of America v. Eugene Clarke
14-3515
Appeal from the U.S. District Court for the Northern District of Indiana, Hammond Division
Judge Rudy Lozano
Criminal. Affirms conviction for seven counts of filing a false claim with the United States in violation of 18 U.S.C. 287. Rules the government did not have to prove Clarke willfully submitted false claims. Finds Clarke’s “patently false and utterly groundless” tax returns provided sufficient evidence that he knew he was filing claims with false information. Concludes the District Court did not abuse its discretion when it refused to give Clarke’s good faith instruction to the jury.

Indiana Court of Appeals
Deonte R. Hester v. State of Indiana (mem. dec.)
82A01-1411-CR-515
Criminal. Affirms 30-year aggregate sentence and convictions of Class A felony possession of cocaine, Class C felony operating a vehicle while privileges are forfeited for life and Class A misdemeanor counts of resisting law enforcement and possession of marijuana.

7th Circuit Court of Appeals
Grace Schools, et al., and Diocese of Fort Wayne-South Bend, Inc., et al. v. Sylvia Mathews Burwell, et al.
14-1430-1431
Appeals from the U.S. District Court for the Northern District of Indiana
Judge Jon De Guilio
Civil. Reverses preliminary injunction in favor of the plaintiffs, preventing the federal government from enforcing the “contraceptive mandate” of the Patient Protection and Affordable Care Act. However, extends the injunction for 60 days to allow the District Court the time to address additional arguments made by the parties. Finds the accommodation does not impose a substantial burden on the plaintiffs’ religious beliefs. Judge Daniel Manion dissents, arguing nonprofits have shown accommodation violates the federal Religious Freedom Restoration Act.

Indiana Court of Appeals
Memory Gardens Management Corporation, Inc. v. Liberty Equity Partners, LLC, and Old Bridge Funeral Home, LLC
49A02-1501-CC-1
Civil collection. Affirms grant of the Old Bridge parties’ motion for summary judgment and affirms the denial of Memory Gardens’ cross-motion for summary judgment. Remands to decide reasonable appellate attorney fees. Finds Memory Gardens’ failure to object to receiver’s final report forever bars it from claiming the $450,000 demand note. Also rules receiver abandoned Memory Gardens’ claims for the demand note.

Indiana Supreme Court
David Anderson, Joe Wray, John Kennard, Commissioners, and Board of Trustees, Brown County Fire Protection District v. Susanne Gaudin, Janet Kramer, and Ruth Reichmann
07S01-1505-PL-284
Civil plenary. Reverses summary judgment finding that a county board of commissioners lacked authority to amend an ordinance that previously established a countywide fire protection district. Majority concludes that under the Home Rule Act, boards of county commissioners are authorized to amend fire protection districts, even if an amendment dissolves the district. The opinion written by Justice Brent Dickson was joined by Justice Mark Massa and Chief Justice Loretta Rush; Justice Steven David concurred with a separate opinion. Justice Robert Rucker dissented and would affirm the trial court judgment in favor of property owners.

7th Circuit Court of Appeals
Neal D. Secrease Jr. v. The Western & Southern Life Insurance Co., et al.
15-1328.
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Jane Magnus-Stinson
Civil. Affirms District Court dismissal with prejudice of Secrease’s sex and age discrimination and retaliation complaints. While the sanction of dismissal with prejudice is severe, it is justified in this case where Secrease attempted to perpetrate a fraud on the court by submitting a purported employment contract that contained an arbitration agreement that was not a provision in the contract he signed.
 

7th Circuit Court of Appeals
Michael A. Kelley v. Greg Zoeller, Indiana Attorney General
14-2961
Appeal from the U.S. Court for the Northern District of Indiana, Hammond Division
Judge Theresa L. Springmann
Affirms the District Court’s dismissal for lack of jurisdiction of Kelley’s suit alleging that under a plea deal struck in a robbery case in 1975, his conviction should have been expunged. No expungement statute existed then, and Indiana courts have determined that Kelley waited too long to challenge the 1975 robbery conviction.

7th Circuit Court of Appeals
JMB Manufacturing Inc., d/b/a/ Summit Forest Products Co. v. Child Craft, LLC, et al
14-3306
Harrison Manufacturing, LLC, f/k/a Child Craft, LLC v. Ron Bienias
14-3315
Civil tort. Reverses judgment on Child Craft’s negligent misrepresentation counterclaim against Bienias and Summit. Directs the District Court to enter final judgment in favor of Bienias and Summit on that counterclaim. Affirms dismissal of Child Craft’s breach of contract against Summit and Summit’s claims against Child Craft.  

Indiana Supreme Court    
In Re the Involuntary Term. of the Parent-Child Relationship of K.E., a Minor Child, and His Father, J.E., and His Mother, S.S. v. Ind. Dept. of Child Services
82S04-1508-JT-491
Juvenile. Reverses termination of parental rights of J.E. to his son, K.E. Finds although J.E. is currently incarcerated, he has taken steps to improve himself, address his drug addiction and bond with his child. Concludes the evidence is not sufficient to support the reasonable probability that the conditions that led to K.E.’s removal are unlikely to be remedied or that J.E. poses a threat to the child.