Opinions

Indiana Court of Appeals
Shalee C. Dowell v. State of Indiana
19A-CR-2623
Criminal. Reverses Shalee Dowell’s conviction of Level 6 felony maintaining a common nuisance and remands to the Perry Circuit Court to vacate the conviction and sentence, reducing her aggregate meth-dealing-related sentence from 23 to 21½ years in prison. The evidence was insufficient to support the conviction because the state lacked proof that the vehicle Dowell used in the underlying crime was used in more than one drug transaction.

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Timothy J. Brown v. Indiana Department of Environmental Management
20S-MI-609
Miscellaneous. Grants transfer and vacates a portion of the Indiana Court of Appeals’ affirming opinion in Timothy Brown’s case against IDEM, finding that the law-of-the-case doctrine “is applicable only when an appellate court determines a legal issue, not a trial court.” Finds that the COA need not have reached so broad a conclusion to resolve the issue. Otherwise affirms the Marion Superior Court’s conclusion that the law-of-the-case doctrine does not apply in this case’s specific circumstances.

Indiana Supreme Court
Stanley V. Watson v. State of Indiana
20S-CR-64
Criminal. Reverses the denial of Stanley Watson’s motion to dismiss a retrial of the habitual offender allegation against him for violations of Indiana Criminal Rule 4(C). Finds that although Criminal Rule 4(C) does not apply to a habitual offender retrial, Watson’s constitutional right to a speedy trial in Ripley Circuit Court was violated by the extraordinary six-plus-year delay in beginning his retrial. Remands with instructions to vacate Watson’s habitual offender enhancement. Justice Geoffrey Slaughter concurs except as to Part II.C. without separate opinion.

Indiana Court of Appeals
Jordan Allen Temme v. State of Indiana
20A-CR-275
Criminal. Affirms the denial of Jordan Allen Temme’s motion for the Vanderburgh Superior Court to apply the doctrine of “credit for time erroneously at liberty” after he was erroneously released from incarceration. Finds that the Department of Corrections’ inadvertent and quickly discovered error does not operate under the law of the state to cancel any part of Temme’s punishment for the crimes for which he was justly convicted and sentenced. Also finds the trial court did not err in denying Temme’s motion.

Timothy A. Cooper v. State of Indiana (mem. dec.)
20A-CR-00855
Criminal. Affirms Timothy Cooper’s Level 5 felony conviction in Tippecanoe Superior Court of failure to register as a sex or violent offender with a prior conviction. Finds the evidence was sufficient and Cooper has not demonstrated that he was harmed by the jury seeing him in shackles and in custody.

Indiana Court of Appeals
Sydney Renner v. Trevor J. Shepard-Bazant
19A-CT-02745
Civil tort. Reverses the Lake Superior Court’s denial of Sydney Renner’s motion to correct error, in which she asked for an increased damages award stemming from a car crash involving Trevor Shepard-Bazant. Finds the trial court’s treatment of Renner’s prior two concussions as separate incidents, rather than as contributing to Renner’s injuries and damages arising from the auto accident, was against the logic and effect of the facts and circumstances before the court and resulted in error in the calculation of damages. Remands for a retrial.

Indiana Supreme Court
In the Matter of the Termination of the Parent-Child Relationship of K.R., J.T.R, J.L.R., & E.R. (Minor Children); A.B. (Mother) and J.R. (Father) v. Indiana Department of Child Services
20S-JT-63
Juvenile termination. Affirms Steuben Circuit Court’s decision to admit drug test results, finding the results fit the records of a regularly conducted activity exception pursuant to Indiana Evidence Rule 803(6). Held Forensic Fluid Laboratories which conducted the tests on the parents does depend on the records to operate. Also, determined the records met the other indicia for reliability including they are subject to review, audit or internal check; the precision engendered by the repetition; and the fact that the person furnishing the information has a duty to do it correctly.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Common Cause Indiana et al. v. Connie Lawson et al.
20-2911
Appeal from the United States District Court fort the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Reverses an injunction enjoining enforcement of Indiana law requiring the absentee ballots be received by election officials by noon on Election Day for those votes to be counted. Grants the state’s motion for a stay of the injunction, finding that “(a)s long as it is possible to vote in person, the rules for absentee ballots are constitutionally valid if they are supported by a rational basis and do not discriminate based on a forbidden characteristic such as race or sex.”

Indiana Court of Appeals
Clay Kelley v. Kristy Kelley, Deceased, b/n/f Kenneth Todd Scales
20A-MI-679
Miscellaneous. Dismisses Clay Kelly’s appeal of the Warrick Superior Court’s denial of his motions to quash a nonparty subpoena, for contempt and for sanctions, finding Clay was neither a named party nor an intervenor in the trial court and therefore lacked standing to bring the appeal. Denies on cross-appeal Kristy Kelley b/n/f Todd Scales’ request for appellate attorney fees.

Indiana Court of Appeals
James L. Dodson, Jr. v. State of Indiana (mem. dec.)
20A-CR-89
Criminal. Affirms James L. Dodson Jr.’s conviction and aggregate sentence of more than 87 years for his conviction in Allen Superior Court of murder and criminal recklessness and an enhancement for using a firearm in the crime. Finds his sentence was not inappropriate and Dodson waived arguments or requested the court to impermissibly reweigh the evidence.

Indiana Supreme Court
Steven Glover, As Personal Representative of the Estate of Shelina M. Glover v. Allstate Property and Casualty Insurance Company
20S-CT-23
Civil tort. Vacates the Marion Superior court’s judgment and remands with instructions to grant the estate of Shelina Glover Robinson’s cross-motion for summary judgment. Holds that Shelina was an “insured person” under the policy and qualified as a “resident relative” because she lived with her parents, and her parents did not need to notify Allstate of her status because she was not an “operator” living within their household. Also finds that the policy’s anti-stacking provision does not limit an insured’s ability to recover under multiple UIM policies and that the policy’s offset provision reduces only the payments made on behalf of those persons directly liable for the injury.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Indiana Vote by Mail, Inc. v. Paul Okeson
20-2605
Appeal from the United States District Court for the Southern District of Indiana, Judge James P. Hanlon.
Civil Plenary. Affirms the district court’s order denying an injunction against an Indiana election law, which would permit “no-excuse” absentee voting in the Nov. 3 general election. Finds Indiana’s absentee voting limitation do not violate the Equal Protection Clause or the 26th Amendment. Senior Judge Kenneth Ripple concurs.

The following 7^th Circuit opinion was posted after IL deadline Monday:
Lorraine Beeler v. Andrew M. Saul
19-2099
Appeal from the United States District Court for the Southern Division of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the decision of the U.S. District Court for the Southern District of Indiana upholding the application of the windfall elimination provision by the Social Security Administration to Lorraine Beeler and the court’s grant of summary judgment to the agency. Finds the agency correctly ruled that plaintiffs’ Canadian employment was noncovered under the Social Security Act, and thus the provision applied to reduce their Social Security benefits. Circuit Judge Amy St. Eve dissents with opinion.

The following Indiana Supreme Court opinion was posted after IL deadline Friday.
Dawn Riddle and Matthew Riddle v. Dennis Cress, Haley Wilkerson, and Helen Cress
20S-PL-573
Civil plenary. Grants transfer and affirms the trial court’s decision to set aside the default judgment for Dennis and Helen Cress and the Cresses’ granddaughter, Haley Wilkerson. Finds that “the trial court’s assessments of the parties’ credibility and demeanor are the type of fact-sensitive judgments that may not be second-guessed under the deferential standard of appellate review and, here, are sufficient to establish at least ‘slight evidence’ of excusable neglect.” Remands to Johnson Superior Court for further proceedings consistent with the opinion. Justice Geoffrey Slaughter dissents, believing transfer should be denied.

Indiana Court of Appeals
Carl Lee Hill v. State of Indiana
19A-CR-02083
Criminal. Affirms Carl Hill’s 14-year sentence for convictions in Marion Superior Court of two counts of Level 5 felony reckless homicide and his adjudication as a habitual offender. Finds his convictions are not double jeopardy. Rejects Hill’s challenge to his sentence but remands to correct his sentence to attach the habitual offender sentence to one of his reckless homicide sentences rather than as a separate offense.

The following Indiana Tax Court opinion was posted after IL deadline Wednesday:

Grant County Assessor v. Randy & Sara Ballinger
19T-TA-19
Tax. Affirms the Indiana Board of Tax Review’s final determination that reduced the assessment of Randy and Sara Ballinger’s golf course land for the 2018 tax year. Finds that the Ballingers’ evidence best reflected the market value-in-use of their Walnut Creek golf course land. Thus, finds no basis for reversing the Indiana Board’s conclusion.

Indiana Court of Appeals
Gilley’s Antique Mall, et al. v. Doug Sarver  
20A-EX-00396
Agency. Reverses the Indiana Worker’s Compensation Board’s ruling that Gilley’s Antique Mall and co-owner Jeff Hines were secondarily responsible for Doug Sarver’s injuries sustained during a construction accident. Concludes that the Board’s decision to add Gilley’s and Hines as defendants outside the two-year statute of limitations period was erroneous and contrary to the Indiana Worker’s Compensation Act.

The following Indiana Supreme Court opinion was posted after IL deadline on Monday:
Brian W. Kinman v. State of Indiana
20S-CR-569
Criminal. Grants transfer to Brian Kinman’s petition and summarily affirms the portion of the Indiana Court of Appeals opinion finding that Kinman’s oral motion to withdraw his guilty plea was procedurally defective. Finds the Fayette Circuit Court did not abuse its discretion in denying Kinman’s motion. However, also finds the trial court failed to include in its summary order any findings or conclusions on the issues Kinman raised in his de facto petition for post-conviction relief. Remands for entry of a revised order that complies with Indiana’s Post-Conviction Rules, including Rule 1(6).

Indiana Court of Appeals
M.A. v. Review Board of the Indiana Department of Workforce Development
20A-EX-160
Agency. Affirms the decision of the review board of the Indiana Department of Workforce Development affirming the decision of an administrative law judge that M.A. had insufficient wage credits to meet the statutory requirements to establish a claim for unemployment benefits. Finds the board did not err when it affirmed the ALJ’s decision denying M.A. unemployment benefits.

Indiana Court of Appeals
In the Matter of the Supervised Estate of Donald L. Moster, Sr., Deceased; Lisa Voltz, Successor Personal Representative, and Donald L. Moster, Jr. v. Rose M. Deschand (mem. dec.)
20A-ES-938
Estate. Affirms on interlocutory appeal the Hamilton Superior Court order denying Lisa Voltz’s and Donald L. Moster Jr.’s motion to void the marriage between Donald L. Moster Sr. and Rose M. Deschand. The trial court found insufficient evidence of a lack mental of physical and mental capacity for Donald Sr., and the trial court did not err in denying the motion.