Anthony Malone v. State of Indiana
21A-CR-2380
Criminal. Affirms Anthony Malone’s aggregate 21-year sentence for reckless homicide, a Level 5 felony, and an enhancement for the use of a firearm in the commission of the offense. Finds the St. Joseph Superior Court did not abuse its discretion at sentencing. Also finds Malone’s sentence is not inappropriate.
Court of Appeals of Indiana
Chasity M. Becklehimer v. State of Indiana
21A-CR-1646
Criminal. Reverses Chasity Becklehimer’s conviction and sentence for Level 6 felony neglect of a dependent. Finds insufficient evidence to sustain Becklehimer’s conviction.
Indiana Supreme Court
Steven Church v. State of Indiana
22S-CR-201
Criminal. Affirms the Marion Superior Court’s denial of Steven Church’s petition pursuant to Indiana Code § 35-40-5-11.5 to obtain a deposition of his alleged child sex abuse victim. Finds the statute is not being retroactively applied to Church and is not a procedural statute that conflicts with Indiana Trial Rules. Also finds the statute is substantive because it predominantly furthers the legitimate public policy objectives within the General Assembly’s exclusive purview. Finally, finds the statute does not violate Church’s constitutional rights under the Indiana or United States constitutions. Justice Christopher Goff concurs in part and in the judgment with separate opinion.
Court of Appeals of Indiana
Synergy Healthcare Resources, LLC v. Telamon Corporation
22A-PL-121
Civil plenary. Affirms the Lake Superior Court’s dismissal of Synergy Healthcare Resources LLC’s complaint against Telamon Corporation as a sanction for spoliation of evidence. Finds the trial court did not abuse its discretion.
7th Circuit Court of Appeals
United States of America v. Dewayne Lewis
21-1614
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Criminal. Affirms the denial of Dewayne Lewis’s motion to suppress evidence of large quantities of cash and drugs found in his hotel room tied to a drug trafficking operation. Finds Lewis lacked a reasonable expectation of privacy in the exterior hallway of his hotel, where a dog sniff occurred revealing the presence of drugs. Finds the good-faith exception applies, regardless of whether the government’s use of real-time CSLI amounted to a search. Concludes that because the Northern District Court correctly denied the motion to suppress, the sufficiency of the remaining evidence does not need to be assessed.
Clarence L. White, Folabi E. Oshinubi, and Denzel Lewis v. Krys Szalasny,
21A-CC-2063
Civil collections. Reverses Tippecanoe Circuit Court’s order granting tenants Clarence White, Folabi Oshinubi and Denzel Lewis attorney fees only for work done on the claim of breach of contract by landlord Krys Szalasny. Finds the tenants should be awarded attorney fees for time taken related to the petition for fees. Remands to the trial court to award tenants those fees and an additional $3,937 in attorney’s fees to compensate their time on the fee claim.
Court of Appeals of Indiana
Donnell Goston Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.
Court of Appeals of Indiana
Anthony Brahimsha v. Mariana Vallejo (mem. dec.)
21A-DC-2812
Domestic relations with children. Affirms the Jasper Circuit Court’s division of the marital estate arising from the dissolution of marriage between Anthony Brahimsha and Mariana Vallejo. Finds the trial court did not abuse its discretion by including a $70,000 loan and a vehicle in the marital pot or by omitting the value of the parties’ personal assets from the marital estate. Also finds the trial court did not err in finding that Wife had dissipated marital assets. Finally, finds the trial court did not err when it deviated from an equal division of the marital estate.
Court of Appeals of Indiana
Jacquetta Hahn-Weisz v. Samuel C. Johnson and Amber Johnson
22A-DC-36
Domestic relations with children. Reverses the Union Circuit Court’s partial grant of a petition to modify custody of J.J. filed by father Samuel Johnson. Finds Jacquetta Hahn-Weisz, the child’s grandmother who raises the child, presented clear and convincing evidence that the child’s best interests were substantially and significantly served by remaining with her. Also finds she has demonstrated prima facie error in the trial court’s granting of Johnson’s petition for modification of custody.
Court of Appeals of Indiana
Trent Michael Weaver v. State of Indiana
21A-CR-2424
Criminal. Affirms Trent Weaver’s aggregate eight-year sentence following his convictions of dealing in a narcotic drug and reckless homicide, both as a Level 5 felony. Finds the Pulaski Superior Court did not abuse its discretion when it imposed separate sentences for Weaver’s dealing and reckless homicide convictions, when it imposed consecutive sentences for those convictions or when it imposed enhanced consecutive sentences. Also finds the trial court’s sentencing statement is adequate. Finally, finds the trial court did not abuse its discretion when it sentenced Weaver.
Court of Appeals of Indiana
Charles T. Ramey, III and Jordan McHenry v. Ashley D. Ping
21A-CT-2103
Civil tort. Affirms the denial of father Charles Ramey and Jordan McHenry’s joint motion for judgment on the evidence and motion to correct error, filed after a jury ruled in favor of mother Ashley Ping and awarded her damages on her complaint alleging Ramey and McHenry filed a false report of child abuse against her. Finds the Johnson Superior Court did not err when it interpreted the false reporting statute and, as such, did not err when it instructed the jury. Also finds Ping presented sufficient evidence to negate the statutory presumption of good faith and qualified immunity and to support the jury’s award of punitive damages. Finally, finds Ping was not precluded from bringing the instant lawsuit under either the principle of res judicata or under the terms of a release agreement.
Court of Appeals of Indiana
In the Matter of R.A.M.O, Child in Need of Services, D.F., Mother, v. Indiana Department of Child Services
21A-JC-1873
Juvenile CHINS. Affirms the Johnson Circuit Court’s determination that R.A.M.O is a child in need of services. Finds the trial court did not abuse its discretion by resetting the factfinding hearing beyond the 120-day time limit established in Indiana Code section 31-34-11-1(b). Rejects mother’s claims that the juvenile court’s decision to continue the matter violated her right to due process and that she was denied the effective assistance of counsel.
Thursday’s opinions
Court of Appeals of Indiana
Five Star Roofing Systems, Inc. D/B/A Five Star Commercial Roofing Systems Inc. v. Armored Guard Window & Door Group, Inc. D/B/A Pendleton Enterprises, Inc.
21A-PL-1964
Civil plenary. Affirms the grant of summary judgment, damages, and attorney fees in favor of Armored Guard Window & Door Group, Inc., doing business as Pendleton Enterprises, Inc. against Five Star Roofing Systems, Inc. Reverses the award of prejudgment interest with respect to the date the prejudgment interest began to accrue. Remands with instructions for the court to determine the appropriate amount of interest from Feb. 9, 2016.
Court of Appeals of Indiana
Geist Lake Forest Property Owners’ Association, Inc. v. Taso’s Toys, LLC; Taso’s Toys, LLC v. Geist Lake Forest Property Owners’ Association, Inc., and RREF II RB-IN VM, LLC
21A-PL-2021
Civil Plenary. Affirms the Hamilton Superior Court’s finding that 2007 declaration of covenants, conditions and restrictions of Geist Lake Forest Subdivision was valid. Finds the Geist Lake Forest Property Owners’ Association and RREF II RB-IN VM LLC, were entitled to summary judgment as a matter of law that the association was validly formed. Holds the first amendment to the declaration did not exempt the lot owned by TT, an Indiana limited liability company, from the declaration’s requirements and that the non-residential building on TT’s property violated the declaration.
Court of Appeals of Indiana
Jermaine D. Marshall v. State of Indiana (mem. dec.)
21A-CR-1557
Criminal. Affirms Jermaine Marshall’s aggregate three-year sentence with one year suspended to probation for conviction of Level 5 felony attempted robbery and his admittance to being a habitual offender. Concludes that Marshall’s waiver of a jury trial was knowing, voluntary, and intelligent.
Court of Appeals of Indiana
Charles C. Hadden v. State of Indiana (mem. dec.)
21A-IF-2846
Infraction. Affirms Charles Hadden’s traffic citation for speeding in a worksite while workers were not present. Finds that Hadden’s traffic citation was enforceable and that Hadden was not prejudiced by a deputy prosecutor’s failure to file an appearance.
Court of Appeals of Indiana
Jacqueline Kristen Dennis (Darbo) v. Gary Clyde Dennis
22A-DR-345
Domestic relations. Reverses the denial of the petition filed by Jacqueline Dennis (Darbo) asking the dissolution court to appoint a commissioner to execute a quitclaim deed or to declare the judgment lien her ex-husband held on the marital home to be satisfied and released. Finds the Hamilton Superior Court “understandably but mistakenly” relied on “the termination rule” and opinions describing the rule to conclude it lacked jurisdiction in this case. Finds the trial court does not lack jurisdiction to rule on Darbo’s petition. Remands.
Court of Appeals of Indiana
Joseph L. Wilson v. State of Indiana
21A-CR-2308
Criminal. Affirms the denial of Joseph L. Wilson’s motion to modify his sentence. Finds Wilson has not demonstrated that the Jay Circuit has authority to modify his sentence while he is on parole.
Court of Appeals of Indiana
Timothy DeWayne Forshee v. State of Indiana (mem. dec.)
21A-CR-2228
Criminal. Affirms Timothy DeWayne Forshee’s sentence to an aggregate of five years executed for his convictions of three counts of Level 5 felony sexual misconduct with a minor. Finds the Madison Circuit Court did not abuse its discretion in sentencing Forshee. Also finds Forshee’s sentence is not inappropriate.
Court of Appeals of Indiana
Elizabeth Hollrah and Janice Stacy, Individually and as Personal Representatives of the Estate of Laura E. Barker v. Lisa Barker and Connie Barker
21A-ES-2432
Estate, supervised. Reverses the Decatur Circuit Court’s order that the Estate of Laura E. Barker pay Lisa Barker and Connie Barker’s attorney fees. Finds the attorney fees incurred by Lisa and Connie did not constitute expenses of administration of Laura’s estate.