Opinions

Court of Appeals of Indiana
Richard D. Talbott v. State of Indiana
21A-CR-2625
Criminal. Affirms Richard Talbott’s convictions of Level 3 felony criminal confinement, Level 3 felony aggravated battery, Level 6 felony strangulation and Class A misdemeanor domestic battery. Finds the Jefferson Circuit Court did not err in denying Talbott’s motion for discharge under Criminal Rule 4(B). Also finds Talbott’s right to a speedy trial was not violated. Finally, finds the criminal information alleging Talbott committed criminal confinement adequately informed him of the charge, and the state presented sufficient evidence.

Court of Appeals of Indiana
Chad A. Keister v. State of Indiana
22A-CR-1531
Criminal. Reverses in part Chad Keister’s conviction of two counts of child molesting, one as a Class C felony and one as a Level 4 felony. Finds the Warrick Circuit Court gave a jury instruction that was not supported by the evidence, which prejudiced Keister’s substantial rights. Remands with instructions to vacate Keister’s conviction of Count II and issue a new sentencing order on Count I only.

Court of Appeals of Indiana
Toni Knowles v. State of Indiana
22A-CR-2133
Criminal. Reverses the Noble Circuit Court’s declaration that the 28 days Toni Knowles had spent in jail would not be attributable to her seven-year sentence but instead would be counted as day spent in contempt of court. Finds the trial court’s finding of contempt is not sustainable under a theory of direct or indirect contempt. Remands with instructions to award Knowles 28 days along with good-time credit to which she may be entitled for those day as credit toward her seven-year sentence.

Court of Appeals of Indiana
Trevor Kentrell Bowie v. State of Indiana
22A-CR-1149
Criminal. Affirms Trevor Bowie’s convictions of Level 1 felony attempted murder, Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 6 felony resisting law enforcement, Level 6 felony theft of a firearm, Class A misdemeanor possession of marijuana and Class B misdemeanor disobeying a declaration of a disaster emergency, and the jury’s verdicts that he is a habitual offender and was eligible for a firearm enhancement. Finds Bowie knowingly, intelligently and voluntarily waived his right to counsel. Also finds Bowie has failed to establish that the defective attempted murder charge merits reversal.

Court of Appeals of Indiana
Tina M. Isley v. State of Indiana
21A-CR-2837
Criminal. Affirms the denial of Tina Isley’s motion to suppress blood draw results and medical records. Finds Isley’s rights under the Fourth Amendment, Article 1, Section 11 of the Indiana Constitution and Indiana’s implied consent laws were not violated. Judge Melissa May concurs in result with separate opinion.

7^th Circuit Court of Appeals
Mark Benner v. Jesse Carlton, Chief Probation Officer of St. Joseph County, Indiana
22-1139
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 Mark Benner’s petition for collateral relief from his convictions of child seduction. Finds Indiana Code § 35-42-4-7(n) is not unconstitutionally vague.

Court of Appeals of Indiana
State of Indiana, acting by and through its Department of Natural Resources v. Kailee M. Smith (now Leonard) and Jeffrey S. McQuary
22A-MI-685
Miscellaneous. Reverses the judgment in favor of Kailee Leonard on her suit against the state of Indiana for indemnification. Finds the state did not waive its challenge to the noncriminality of Officer Scott Johnson’s actions in procuring Leonard’s false arrest. Also finds the falsehood finding does not support the Marion Superior Court’s conclusion that Johnson’s actions were “noncriminal” under the indemnification statute.

Keesha R. Johnson v. State of Indiana
22A-CR-427
Criminal. Affirms Keesha R. Johnson’s conviction of Class A misdemeanor criminal recklessness. Finds that the Marion Superior Court violated Johnson’s federal and state constitutions rights of confrontation when the court required the witnesses to wear masks while testifying, but the violations of Johnson’s constitutional rights were harmless.

Court of Appeals of Indiana
David Joseph Guzzo, Robert Glenn Guzzo, and Betty Jo Keller v. Town of St. John, Lake County, Indiana
21A-PL-2213
Civil plenary. Reverses the Lake Superior Court’s judgment denying the Guzzo family 150% of the fair market value of their property in an eminent domain dispute. Finds the trial court erred in interpreting Indiana Code §§ 32-24-4.5-6.2 and -8.  Remands to the trial court with instructions to order the town of St. John to compensate the Guzzos accordingly. Judge Margret Robb dissents with separate opinion.

Court of Appeals of Indiana
Amy Osadchuk v. Charles P. Rice and Boveri Murphy Rice, LLP
22A-CT-1068
Civil tort. Affirms the St. Joseph Superior Court’s order to grant Charles Rice and his law firm’s motion for judgment on the pleadings. Finds Amy Osadchuk’s complaint alleging legal malpractice, fraud, constructive fraud and attorney deceit and collusion was time-barred.