The Indiana Supreme Court’s Disciplinary Commission on Friday published a nonbinding advisory opinion focused on Rules of Professional Conduct Rule 1.10, which outlines when a law firm is prohibited from representing a client based on imputed conflicts of interest.
Court of Appeals of Indiana
Rolland G. Shoup, II v. State of Indiana (mem. dec.)
22A-IF-122
Infraction. Affirms the finding that Rolland G. Shoup II committed the infraction of speeding. Finds sufficient evidence supports the Marion Superior Court’s finding.
Court of Appeals of Indiana
In the Matter of the Paternity of A.R.S. (Minor Child); P.M.S. v. T.P.W.
22A-JP-529
Juvenile paternity. Affirms the order modifying custody of A.R.S. in favor of mother T.P.W. and awarding father P.M.S. parenting time. Finds the Warrick Superior Court did not abuse its discretion by modifying custody. Also finds the trial court granted parenting time to P.M.S. pursuant to the Indiana Parenting Time Guidelines.
Court of Appeals of Indiana
Chelsea Newman v. State of Indiana (mem. dec.)
22A-CR-594
Criminal. Affirms Chelsea Newman’s conviction of Level 6 felony unlawful possession of a legend drug. Finds the Blackford Superior Court did not abuse its discretion by admitting Newman’s statements to her community corrections supervisor, made during a meeting and subsequent compliance check, into evidence in her instant trial.
Eric M. Seibel v. State of Indiana (mem. dec.)
22A-CR-269
Criminal. Reverses Eric M. Seibel’s conviction of Level 5 felony battery against a public safety official while engaged in the execution of official duties, resulting in bodily injury. Finds the Knox Superior Court committed reversible error by refusing Seibel’s tendered lesser-included offense instruction. Also finds the evidence is sufficient to support a conviction of the lesser-included offense. Remands to the trial court to vacate Seibel’s Level 5 felony conviction, enter a judgment of conviction on Level 6 felony battery on a public official and resentence him accordingly. Affirms Seibel’s Level 6 felony conviction of domestic battery.
Court of Appeals of Indiana
Willie Mills Sr. v. State of Indiana
22A-CR-591
Criminal. Affirms Willie Mills Sr.’s convictions for Level 2 felony burglary, Level 3 felony burglary, Level 3 felony armed robbery and Level 5 felony battery by means of a deadly weapon. Finds Mills failed to show that the face mask requirement imposed by the Wayne Superior Court denied him his right to confront witnesses and was fundamental error. Also finds Mills waived his Article I, Section 13 right to counsel claim by failing to raise it in the trial court and, waiver notwithstanding, Mills failed to show any reason why, unlike the federal constitution, the state constitution should be interpreted to disallow admission of a statement that a defendant knowingly and voluntarily gave to law enforcement after appointment of counsel. Finally, finds there is sufficient evidence to support Mills’ convictions as an accomplice.
Court of Appeals of Indiana
Lake Ridge School Corporation and School City of Hammond, West Lafayette Community School Corporation v. Eric Holcomb, in his official capacity as Governor of the State of Indiana; Indiana State Board of Education; Indiana Department of Education; and Todd Rokita, in his official capacity as Attorney General of the State of Indiana
22A-PL-423
Civil plenary. Affirms the Lake Superior Court’s grant of summary judgment to defendants Eric Holcomb, in his official capacity as governor of the state of Indiana; the Indiana State Board of Education; that Indiana Department of Education; and Todd Rokita, in his official capacity as attorney general of the state of Indiana in a dispute with Lake Ridge School Corporation, School City of Hammond and West Lafayette Community School Corporation. Finds the school corporations, as political subdivisions, cannot assert takings claims against the state defendants in their efforts to maintain control of closed public-school buildings.
Court of Appeals of Indiana
Jajuan L. Clayton v. State of Indiana (mem. dec.)
22A-CR-693
Criminal. Affirms Jajuan Clayton’s conviction for Level 2 felony dealing in a Schedule I controlled substance. Finds sufficient evidence to support the conviction.
Court of Appeals of Indiana
Roto-Rooter Services Company v. Nationwide Insurance Company of America a/s/o Eduardo and Dawn Manning Juarbe (mem. dec.)
22A-CT-760
Civil tort. Affirms the denial of Roto-Rooter Services Company’s motion for relief from default judgment in a dispute with Nationwide Insurance Company of America a/s/o Eduardo and Dawn Manning Juarbe. Finds Roto-Rooter failed to establish exceptional circumstances necessary to satisfy Indiana Trial Rule 60(B)(8).
Court of Appeals of Indiana
Penny Korakis v. Memorial Hospital of South Bend, Michael R. Messmer, D.O., David A. Halperin, M.D.
22A-CT-867
Civil tort. Affirms the grant of summary judgment to Dr. David A. Halperin, Dr. Michael R. Messmer and Memorial Hospital of South Bend on Penny Korakis’ medical malpractice lawsuit. Finds Dr. James Kemmler’s affidavit was insufficient to create genuine issues of fact such that summary judgment in favor of the defendants was inappropriate.
Court of Appeals of Indiana
Jim Brugh v. Board of Commissioners of Cass County, Indiana, et al. (mem. dec.)
22A-PL-2474
Civil plenary. Affirms the denial of Jim Brugh’s motion to correct error, filed after the Cass Circuit Court approved a proposed agreed order reached by the Board of Commissioners of Cass County and the city of Logansport in a partition action through a mediation that took place without Brugh, who previously had been permitted to intervene. Finds Brugh did not have standing to participate in the mediation.
Court of Appeals of Indiana
Charitable Allies, Inc. v. Down Syndrome Association of Northwest Indiana, Inc. (mem. dec.)
22A-PL-1111
Civil plenary. Affirms the removal of Charitable Allies’ notice of an attorney’s lien in an underlying action between Charitable Allies’ former client, Down Syndrome Association of Northwest Indiana Inc., and former officers of DSA. Finds Charitable Allies has waived its argument regarding the Lake Superior Court’s purported lack of subject matter jurisdiction, and its assertion that the trial court lacked personal jurisdiction over it is meritless and not supported by cogent reasoning or authority. Also finds the trial court’s removal of the notice of lien is not reversible error. Finally, finds the totality of Charitable Allies’ work product to the Court of Appeals demonstrates not just weak legal positions, but positions “utterly devoid of all plausibility.” Remands to the trial court with instructions for it to determine and award to DSA a reasonable amount for its appellate attorney fees in this appeal.
Court of Appeals of Indiana
E.S. v. State of Indiana
22A-JV-1197
Juvenile. Reverses E.S.’s delinquency adjudication for sexual battery, a Level 6 felony when committed by an adult. Finds the state did not present sufficient evidence beyond a reasonable doubt to sustain E.S.’s delinquency adjudication.
Court of Appeals of Indiana
Ryan L. Fisel v. State of Indiana
22A-CR-1279
Criminal. Affirms the Wells Superior Court’s correction of Ryan Fisel’s sentence from a direct placement on home detention to a commitment in the Department of Correction. Finds Fisel’s original sentence of a direct placement on home detention was not authorized by statute. Also finds the trial court had jurisdiction to correct the error and properly did so.
Court of Appeals of Indiana
Jalen Bonner v. State of Indiana (mem. dec.)
22A-CR-1187
Criminal. Affirms Jalen Bonner’s conviction of Level 1 felony attempted murder. Finds the state presented sufficient evidence to sustain Bonner’s conviction of attempted murder.
Court of Appeals of Indiana
Lawerance Knighten v. State of Indiana (mem. dec.)
22A-CR-454
Criminal. Affirms Lawerance Knighten’s conviction of Level 1 felony child molesting. Finds the state did not commit fundamental error by engaging in prosecutorial misconduct during both voir dire and closing argument.
Court of Appeals of Indiana
Jeremiah Jordyn Smith v. State of Indiana
22A-CR-364
Criminal. Reverses the Tippecanoe Superior Court’s grant of the state’s motion to revoke the pretrial diversion agreement entered into with Jeremiah Jordyn Smith. Finds Smith’s diversion agreement was supported by consideration and the state was bound by its terms. Also finds revoking Smith’s diversion agreement without cause was a breach of the agreement’s terms. Remands with instructions to dismiss the case against Smith with prejudice.
Court of Appeals of Indiana
People for Community, Inc./PFC, Isaac Fincher v. City of Fort Wayne Neighborhood Code Compliance
22A-MI-447
Miscellaneous. Affirms the dismissal of the complaint filed by Rev. Isaac Fincher in Allen Circuit Court on behalf of People for Community Inc. Finds PFC’s argument fails on the merits because the trial court gave PFC ample opportunities to secure counsel. Concludes the COA cannot say that the trial court abused its discretion by failing to give PFC even more time to secure counsel as it gave PFC ample time to do so.
Court of Appeals of Indiana
In the Matter of A.C. (Minor Child), Child in Need of Services, and M.C. (Mother) and J.C. (Father) v. Indiana Department of Child Services
22A-JC-49
Juvenile CHINS. Affirms the Madison Circuit Court’s dispositional order after mother M.C. and father J.C. admitted that child A.C. is a child in need of services, and the trial court’s prior order on the combined initial and detention hearing. Finds the parents’ appeal of the initial/detention order is moot. Also finds the dispositional order is not clearly erroneous and does not violate the parents’ constitutional rights.