Court of Appeals of Indiana
James Lewis Washington v. State of Indiana
21A-PC-385
Post-conviction relief. Reverses James Lewis Washington’s conviction for murder and robbery. Finds the post-conviction court erred when it concluded that Washington was not prejudiced by his trial counsel’s deficient performance. Vacates Washington’s convictions and remands for a new trial on the state’s charges.
7th Circuit Court of Appeals
USA v. Timothy Kurzynowski
20-3491
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms the denial of Timothy Kurzynowski’s motion for compassionate release from his 96-month sentence for conviction for distribution of child pornography pursuant to § 603 of the First Step Act of 2018, 18 U.S.C. § 3582(c)(1)(A)(i). Finds the Southern District Court properly exercised its discretion in denying Kurzynowski’s motion. Also finds that under United States v. Broadfield, 5 F.4th 801 (7th Cir. 2021), the fact that Kurzynowski is vaccinated precludes a finding that the COVID-19 pandemic presents extraordinary and compelling reasons for his release.
Indiana Court of Appeals of Indiana
Alphonso L. James, III v. State of Indiana
21A-CR-148
Criminal. Reverses Alphonso L. James III’s sentence to 63 years for the murder of Jaren Minies when James was 13 years old. Finds a six-decade sentence reserved for the worst adult offenders is not appropriate for a 13-year-old child in light of the nature of his offense and his character. Also finds the Elkhart Circuit Court was justified in rejecting the most lenient approach available when sentencing James, alternative juvenile sentencing. Finally, finds the trial court did not erroneously consider unadjudicated or unadmitted allegations of juvenile offenses as aggravating circumstances, and any error would have been harmless. Remands for the entry of a 55-year sentence.
Indiana Court of Appeals
Christopher Allen Duncan; Patel’s Palace LLC, d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators, LLC, Rupal Patel, and Christopher Zorman v. Barton’s Discounts, LLC
21A-PL-211
Civil plenary. Affirms on interlocutory appeal an order from the Marion Superior Court granting Barton’s Discounts LLC’s motion to compel in part documents from Christopher Allen Duncan, Patel’s Palace LLC d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators LLC, Rupal Patel and Christopher Zorman. Also affirms its order for the appellants to produce all responsive, unredacted documents requested by Barton’s discovery request. Finds no abuse of the trial court’s discretion.
Indiana Court of Appeals
CT102 LLC d/b/a Metro Motors and Herman Jeffrey Baker v. Automotive Finance Corporation
21A-CC-904
Civil collection. Reverses the amount in damages awarded to Automotive Finance Corporation, finding the Marion Superior Court erred by double counting. Affirms the finding that Metro Motors did not commit conversion, finding the trial court did not err. Remands with instructions to award AFC $123,666.66, plus 15% interest from May 30, 2018, and $32,618.75 in attorney fees and expenses.
Indiana Court of Appeals
Terrance Trabain Miller v. State of Indiana
20A-CR-2315
Criminal. Reverses Terrance Trabain Miller’s convictions of one count of Level 2 felony dealing in methamphetamine, one count of Level 2 felony dealing in heroin, a narcotic drug, and one count of Class A misdemeanor resisting law enforcement. Finds the Cass Circuit Court committed fundamental error when it gave a preliminary instruction on a charge of unlawful possession of a firearm by a serious violent felony, a count that was dismissed after the jury returned a guilty verdict. Remands.
Indiana Court of Appeals
Broadway Logistics Complex, LLC, and Thomas Wisniewski v. Peggy Holinga Katona, as Lake County Treasurer, and John Petalas, as Lake County Auditor
21A-PL-738
Civil plenary. Affirms the denial of Broadway Logistics Complex LLC and Thomas Wisniewski’s request for injunctive relief and the declaration that tax sale certificates they acquired were forfeitable by the Lake County treasurer. Finds the Lake Circuit Court did not err.
Indiana Court of Appeals
Zolo A. Azania v. Kenneth R. Edwards, Tracy Edwards, and Krete Properties, LLC (mem. dec.)
20A-PL-2142
Civil plenary. Affirms the order of eviction and immediate possession in favor of Kenneth R. Edwards, Tracy Edwards and Krete Properties LLC, landlords to Zolo A. Azania, for nonpayment of rent. Finds the landlords’ equitable action for eviction and immediate possession was properly triable by the Lake Superior Court. Also finds Azania waived his review of his claim that his eviction was not permitted due to the COVID-19 eviction moratorium. Finally, finds Azania was subject to eviction for nonpayment of rent in violation of his lease.
Indiana Court of Appeals
Benjamin Bertucci, Individually and Next Best Friend of Ayana Bertucci, a Minor v. Donald Bertucci and Anita Remijas
21A-CT-360
Civil tort. Affirms partial summary judgement and a cross-motion for attorney fees and costs to Donald Bertucci. Finds Bertucci wasn’t at fault for his granddaughter being bitten by a dog on his jointly owned home in Long Beach. Also finds the LaPorte Superior Court didn’t abuse its discretion. Judge L. Mark Bailey concurs in part and dissents in part with separate opinion.
Indiana Court of Appeals
Jason Gay v. Monroe County Community School Corporation (mem. dec.)
21A-PL-185
Civil plenary. Affirms the Monroe Circuit Court’s grant of summary judgment to the Monroe County Community School Corporation over its removal of trees near Jason Gay’s property. Finds the designated evidence indicates that no genuine issue of material fact existed and that MCCSC is entitled to judgment as a matter of law regarding its boundary dispute with Gay. Also finds the trial court properly entered summary judgment for MCCSC.
Indiana Court of Appeals
Jason C. Baldauf v. State of Indiana (mem. dec.)
21A-CR-699
Criminal. Affirms Jason C. Baldauf’s conviction of Level 6 felony intimidation. Finds the state presented sufficient evidence to support Baldauf’s conviction.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday:
United States of America v. Henry E. Wood
20-2974
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Criminal. Affirms the United States District Court for the Northern District of Indiana’s denial of Henry Wood’s motion to suppress data from his cellphone taken by parole agents without a warrant. Finds Wood’s Fourth Amendment rights weren’t violated. Also finds Riley v. California, 573 U.S. 373 (2014) doesn’t apply to Woods, but United States v. Knights, 534 U.S. 112 (2001), and Samson v. California, 547 U.S. 843 (2006) do. Finally, finds the state’s interests outweigh Wood’s privacy expectation as a parolee.
Indiana Court of Appeals
In the Matter of K.W. and R.W. (Children in Need of Services) and D.W. (Father) v. Indiana Department of Child Services
21A-JC-598
Juvenile CHINS. Affirms the determination that father D.W.’s children, K.W. and R.W., are children in need of services. Finds the fact-finding hearing and dispositional hearing were continued for good cause pursuant to Indiana Trial Rule 53.5. Also finds the evidence supports the Marion Superior Court’s conclusion that the children are CHINS.
Indiana Court of Appeals
Gerald Pinkston v. State of Indiana (mem. dec.)
20A-CR-2216
Criminal. Affirms Gerald Pinkston’s convictions of three counts of murder and one count of criminal recklessness, and his sentence to an aggregate of 166 years. Finds Pinkston failed to demonstrate reversible error resulting from the admission of a .40 caliber handgun and testimony by a detective, the Allen Superior Court’s accomplice liability instructions or the deputy prosecutor’s conduct. Also finds the state proved the offenses beyond a reasonable doubt and that Pinkston’s sentence is not inappropriate considering his offenses and character.
Indiana Court of Appeals
Richard Allen Byrd v. State of Indiana (mem. dec.)
21A-CR-637
Criminal. Affirms the Howard Circuit Court’s sentencing of Richard Allen Byrd to an aggregate of five years, with three years suspended to supervised probation, for his convictions of Level 6 felony sexual battery. Finds Byrd’s guilty plea isn’t substantially mitigating as he gained a benefit by having Level 4 felony child molesting charges exchanged for Level 6 felony battery convictions. Also finds the executed portion of his sentencing appropriate.
Indiana Court of Appeals
Gabriel Cabrera v. State of Indiana
21A-CR-446
Criminal. Affirms Gabriel Cabrera’s convictions of child molestation and sexual misconduct with a minor after a bench trial. Finds Cabrera has failed to demonstrate that the Marion Superior Court committed fundamental error.
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of Ad.W., An.W., I.W., and M.W., and M.G. (Mother) and D.W. (Father), M.G. (Mother) and D.W. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-691
Juvenile termination of parental rights. Affirms the termination of mother M.G. and Father D.W.’s parental rights to their four children. Finds the Lake Superior Court did not err when it concluded there is a reasonable probability that the conditions resulting in the children’s removal will not be remedied, or that termination is in the children’s best interests.
Indiana Court of Appeals
Sarah D. Nicholson v. State of Indiana (mem. dec.)
21A-CR-693
Criminal. Affirms the Dubois Superior Court’s order sentencing Sarah Nicholson to serve 730 days in the Department of Correction following the revocation of her probation. Finds the terms of Nicholson’s plea were agreement unambiguous, so the trial court did not err in ordering her to serve the sentence she agreed to. Also finds the trial court didn’t err in denying her petition for sentence modification.
Indiana Court of Appeals
Dexter Eastridge v. Estate of Richard Rayles
21A-PL-673
Civil plenary. Affirms Crawford Circuit Court’s denial of a motion to set aside default judgment. Finds Dexter Eastridge waived his right to arbitration after failing to respond to the estate’s motion to compel arbitration. Finds the trial court didn’t abuse its discretion by entering default judgment.
Indiana Court of Appeals
John Patrick Michaels v. Huntington County, IN Advisory Board of Zoning Appeals (mem. dec.)
21A-PL-00565
Civil plenary. Affirms the denial of John Michaels’ petition to the Huntington County Advisory Board of Zoning Appeals for a special exception that he be permitted to establish and operate an outdoor shooting range on property not zoned for that use. Finds Michaels failed to properly preserve any Second Amendment argument for review and failed to establish an abuse of discretion.