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.
Court of Appeals of Indiana
Mark Dickinson v. State of Indiana (mem. dec.)
21A-CR-1615
Criminal. Affirms Mark Dickinson’s convictions for Level 4 felony criminal confinement, Class A misdemeanor domestic battery, Level 6 felony intimidation and Level 6 felony strangulation. Finds Dickinson’s trial counsel did not render ineffective assistance by failing to object to the prosecutor’s questions.
Court of Appeals of Indiana
B.A. v. D.D. and C.D.
22A-AD-147
Adoption. Affirms and reverses in part the grant of summary judgment in favor of adoptive parents D.D. and C.D. on their claim that father B.A.’s consent to the adoption of P.A. was not required. Finds B.A. has not met his burden on appeal to demonstrate that the court erred when it ordered him to submit to a DNA test. Also finds evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father and does not obviate the need for his consent to an adoption. Finally, finds the adoptive parents failed to designate evidence that would exclude B.A. as P.A.’s legal father such that B.A.’s consent would not be required under Indiana Code § 31-19-9-1(a)(2). Remands for further proceedings.
Court of Appeals of Indiana
Alan Jones v. State of Indiana
21A-CR-2809
Criminal. Affirms the Shelby Circuit Court’s denial of Alan Jones’ motion for reduction of bail. Finds Jones has failed to show that the decision declining to reduce bond was clearly against the logic and effect of the circumstances before the trial court.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Lamone Lauderdale-El v. Indiana Parole Board
21-1242
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Patrick Hanlon.
Civil. Affirms the dismissal without prejudice of Lamone Lauderdale-El’s habeas corpus petition for failure to exhaust state remedies. Finds the dismissal was a final, appealable judgment. Overrules the contrary jurisdictional holdings of Gacho v. Butler, 792 F.3d 732 (7th Cir. 2015), and Moore v. Mote, 368 F.3d 754 (7th Cir. 2004). Also finds the appeal is not moot. Finally, finds Lauderdale-El could have pursued his good-time credit restoration claim in state court.
Court of Appeals of Indiana
Tyler A. Smith v. State of Indiana
21A-CR-2799
Criminal. Affirms the denial of Tyler Smith’s motion to dismiss pursuant to Indiana Criminal Rule 4(B). Finds the Fulton Superior Court did not violate the rule which requires a jury trial be held within 70 days of a speedy trial motion being filed. Holds Fulton County was still reporting a high COVID-19 infection rate and the courthouse did not have adequate facilities to safely conduct a jury trial. Rules the 35-year sentence for attempted murder is not inappropriate. Notes Smith’s criminal history is a “testament to a disturbing evolution” form minor misdemeanors to carrying a handgun with a license to crime of violence which culminating in shooting a rifle and hitting the victim several times.
Court of Appeals of Indiana
The City of Bloomington, Indiana, et al. v. Andrew Guenther, et al.
21A-MI-2600
Miscellaneous. Reverses the Monroe Circuit Court’s determination that Andrew Guenther was entitled to the vacant citizen member seat on the City of Bloomington’s Plan Commission and its order for Christopher Cockerham to vacate the seat. Finds the trial court’s decision was clearly erroneous. Also finds Cockerham was validly appointed to the commission and may continue his service.
Court of Appeals of Indiana
Yergy’s State Road BBQ, LLC v. Wells County Health Department; Eric Holcomb, in his official capacity of Governor of the State of Indiana; and State of Indiana
21A-PL-2593
Civil plenary. Affirms the dismissal of Yergy’s State Road BBQ LLC’s complaint against the state of Indiana, Gov. Eric Holcomb and the Wells County Health Department related to public health emergency orders issued concerning restaurant closures during the COVID-19 pandemic. Finds the Wells Circuit Court did not err in concluding Yergy’s complaint requesting relief was moot. Declines to apply the public interest exception or to issue an advisory opinion.
Court of Appeals of Indiana
Charles Grays v. State of Indiana (mem. dec.)
21A-CR-2471
Criminal. Affirms Charles Grays’ convictions of Level 2 felony dealing in cocaine, Level 4 felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor resisting law enforcement and Class A misdemeanor operating while suspended, and his sentence of 33 years, with 25 years executed and eight years suspended to probation. Finds the Elkhart Circuit Court didn’t err when it denied Grays’ motions to suppress evidence, or in instructing the jury. Also finds his sentence isn’t inappropriate.
Court of Appeals of Indiana
Darren Woodcox and Elizabeth Woodcox, as Personal Representatives of the Estate of Dylan Woodcox v. Anonymous Hospital, Anonymous M.D., and Anonymous N.P.
21A-CT-1565
Civil tort. Affirms the Marion Superior Court’s denial of Darren and Elizabeth Woodcox’s motion for summary judgment and declaratory judgment in their case against Anonymous Hospital, Anonymous M.D., and Anonymous N.P. following the death of their infant son. Finds the trial court did not err in denying the Woodcoxes’ motion for summary judgment and declaratory judgment. Finds the trial court did not err in dismissing the Woodcoxes’ claims on the merits. Expresses no opinion on the merits of the Woodcoxes’ claims but concludes that the review panel’s process must proceed to its conclusion before the trial court may adjudicate those claims.
Court of Appeals of Indiana
Jamie Israel v. Yaima Israel
21A-DC-1063
Domestic relations with children. Affirms and reverses in part the provisions of the decree of dissolution of the marriage of Jamie Israel and Yaima Israel. Finds the Marion Superior Court did not err in valuing the marital residence and personal property of the marriage, nor in dividing the retirement accounts. Also finds the trial court did not abuse its discretion in awarding Yaima sole legal custody of their child or in denying Jamie’s request for an award of attorney fees. Finally, finds the non-disparagement clause of the final decree was an unconstitutional prior restraint on speech and was overbroad to the extent it forbade the parties from making disparaging comments about the other when outside the presence of the child. Remands with instructions to modify the non-disparagement clause.
Court of Appeals of Indiana
Fredrick David Craft v. State of Indiana
21A-CR-2004
Criminal. Affirms Fredrick Craft’s convictions of murder and attempted murder. Finds Craft preserved his prosecutorial misconduct claims but declines to grant a new trial because the state’s closing arguments did not place him in grave peril. Also finds the evidence was sufficient to support the verdict.
Court of Appeals of Indiana
Marquis David Young v. State of Indiana
21A-CR-2341
Criminal. Reverses Marquis Young’s conviction of murder and two counts of attempted murder. Finds insufficient evidence to support the convictions. Judge Terry Crone dissents with separate opinion.
Court of Appeals of Indiana
D.W. v. State of Indiana (mem. dec.)
21A-JV-2727
Juvenile. Affirms the adjudication of D.W., 14, as a delinquent child for an act that would be Level 4 child molesting if committed by an adult. Finds the state presented sufficient evidence from which a reasonable fact-finder could conclude that D.W. acted with the intent to arouse or satisfy his or 4-year-old K.H.’s sexual desires when D.W. touched her
Court of Appeals of Indiana
Daniel J. Senteney v. State of Indiana (mem. dec.)
21A-CR-1944
Criminal. Affirms Daniel Senteney’s conviction for Class A misdemeanor intimidation. Finds sufficient evidence to support the conviction.
Court of Appeals of Indiana
Veronica C. Reyes v. State of Indiana
21A-CR-2646
Criminal. Affirms Veronica Reyes’ convictions for resisting law enforcement, a Class A misdemeanor, and reckless driving, a Class C misdemeanor. Finds the Marion Superior Court did not abuse its discretion by instructing the jury before the closing arguments were made by the attorneys. Holds Indiana Jury Rule 26(a) gives trial courts the option of giving final instructions before or after closing arguments.
Court of Appeals of Indiana
In the Matter of: K.T. and B.T. (Minor Children), Children in Need of Services, and P.T. (Mother) v. Indiana Department of Child Services
21A-JC-2025
Juvenile CHINS. Affirms the determination that mother P.T.’s children, K.T. and B.T., are children in need of services. Finds the juvenile court had good cause to continue a factfinding hearing by three days under Indiana Trial Rule 53.5
Court of Appeals of Indiana
Joel Williams, Jr. v. State of Indiana
21A-CR-1581
Criminal. Affirms the denial of Joel Williams Jr.’s motion to dismiss charges of two counts each of rape and criminal deviate conduct, all Class A felonies, 35 years after the incidents occurred. Finds Williams has not proven that he will suffer actual and substantial prejudice to his right to a fair trial.
Indiana Supreme Court
Cole G. Strack v. State of Indiana
22S-CR-137
Criminal. Grants transfer and affirms Cole Strack’s six-year sentence, with two years suspended, for his convictions of operating a vehicle while intoxicated and possession of marijuana. Finds Strack was able to exercise both his right to present evidence at sentencing and his right to allocution after pleading guilty. Also finds any error by the Wells Superior Court was harmless and did not affect Strack’s substantive rights such that reversal was warranted.