Opinions

Indiana Court of Appeals

Daniel Welbourne, et al. v. Betty Mays

20A-MI-01001

Miscellaneous. Remands for further proceedings an order of the Johnson Superior Court granting paternal grandmother Betty Mays overnight visitation rights. Finds that while there is some evidentiary support for grandparent visitation, there is an absence of particularized findings necessary to evaluate the propriety of the order. Remands for more particularized findings relative to the child and child’s relationship with Mays.

Indiana Court of Appeals
In the Matter of the Adoption of E.M.M.; C.G. and D.G. v. O.M.
20A-AD-1474
Adoption. Affirms the denial of grandparents C.G. and D.G.’s petition to adopt their grandchild, E.M.M. Finds the St. Joseph Probate Court did not abuse its discretion when it found that adoption is not in E.M.M.’s best interests and denied grandparents’ adoption petition.

Indiana Court of Appeals

Muir Woods Section One Association, Inc., and Nantucket Bay Homeowners Association, Inc. v. Claudia O. Fuentes, Marion County Treasurer; Julie Voorhies, Marion County Auditor; and Joseph P. O’Connor, Marion County Assessor

20A-CC-1144

Civil collection.

Reverses the Marion Superior Court’s dismissal of the amended complaint and petition for mandate of Muir Woods Section One Association Inc. and Nantucket Bay Homeowners Association Inc. Finds that although the cases “arises under” Indiana tax law, there has been no final determination by the Indiana Board of Tax Review, so administrative remedies have not been exhausted and the Indiana Tax Court does not have jurisdiction. Remands to the trial court for a determination on the homeowners associations’ mandamus action to compel the Marion County treasurer, auditor and assessor to act.

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline Friday:

In re: Kevin T. Hall

20-3245

Petition for a writ of mandamus. Issues a writ of mandamus directing the Southern Indiana District Court to rescind the transfer order of Kevin Hall’s case to the Middle District of Florida after Hall was transferred from a federal prison in Indiana to a federal prison in Florida, thus returning the case to the Southern District of Indiana. Finds that Hall’s case is similar to Ex parte Endo, thus requiring transfer back to Indiana. Also finds that mandamus is the proper vehicle for obtaining review of a transfer decision. Finally, finds that Hall does not have an adequate remedy available through his pending motion under 28 U.S.C. § 2255, and that Hall did not need to show prejudice before pursuing his venue challenge.

Indiana Court of Appeals
Mark Waterfill and Aegean, LLC v. Erie Insurance Exchange (mem. dec.)
20A-CP-1321
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment in favor of Erie Insurance Exchange, dismissing the appeal in a duty-do-defend dispute as untimely.

Indiana Court of Appeals
Corey Desean Coleman v. State of Indiana
20A-CR-817
Criminal. Affirms Corey Coleman’s sentence of two years suspended to probation on the condition he attend and complete classes in anger management and conflict resolution. Finds the sentence imposed in Marion Superior Court after his conviction of Level 6 felony strangulation was not an abuse of discretion.

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Cooper’s Hawk Indianapolis, LLC d/b/a Cooper’s Hawk Winery & Restaurant v. Katherine Ray
21S-CT-56
Civil tort. Grants transfer and dismissal Cooper’s Hawk Winery & Restaurant’s appeal of the Marion Superior Court’s grant of summary judgment to Katherine Ray on her negligence complaint stemming from a slip-and-fall accident. Finds there are no extraordinarily compelling reasons to restore the forfeited untimely appeal. Remands to the trial court for further proceedings.

Indiana Court of Appeals
Travis W. Phelps v. State of Indiana (mem. dec.)
20A-CR-831
Criminal. Affirms Travis Walker Phelps’ convictions for murder and attempted murder but reverses his firearm enhancement. Finds the trial court did not abuse its discretion in instructing the jury or admitting evidence. Also finds that the Vanderburgh Superior Court failed to advise Phelps of his rights and therefore Phelps did not knowingly, intelligently and voluntarily waive his right to a jury trial on the enhancement. Remands for a new proceeding on the firearm enhancement.

Indiana Court of Appeals
John J. Hatzfeld v. State of Indiana
20A-CR-1622
Criminal. Affirms John Hatzfeld’s conviction of Level 6 felony operating while intoxicated with a prior conviction. Finds there was sufficient evidence to sustain Hatzfeld’s conviction in Huntington Superior Court. Also finds that even if a blood test was erroneously admitted, the jury heard ample evidence of his intoxication beyond his blood alcohol content.

Indiana Court of Appeals
Ronnie L. Brown v. State of Indiana
20A-CR-1550
Reverses the revocation of Ronnie L. Brown’s probation. Finds the Delaware Circuit Court did not abuse its discretion when it revoked Brown’s probation for having missed an undetermined number of appointments with his probation officer, but did abuse its discretion when it ordered Brown to serve the entire remaining term of 16 years and 205 days in the Department of Correction as a result of those technical violations. Remands to the trial court with instructions that the court sentence Brown in a manner commensurate with the severity of missed appointments with his probation officer.

Indiana Court of Appeals
Charles Wolfe, et al. v. Robert Agro
20A-PL-1242
Civil plenary. Reverses the Randolph Superior Court’s determination that Charles and Rachel Wolfe committed criminal conversion by knowingly exerting unauthorized control over Robert Agro’s property. Finds that Agro’s proper remedy is through the Uniform Partnership Act, not the Crime Victims Relief Act. Judge Elizabeth Tavitas dissents with separate opinion.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Rebecca Woodring v. Jackson County, Indiana
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
20-1881
Civil plenary. Reverses the District Court order issuing an injunction against a Nativity scene on the courthouse in Jackson County. Majority finds that while Rebecca Woodring has standing to bring this case, holds that under American Legion v. American Humanist Association, 139 S. Ct. 2067 (2019), the Nativity does not violate the Establishment Clause. Vacates the injunction and remands with instructions for the district court to enter summary judgment in favor of Jackson County. Judge David Hamilton dissents with opinion.

Indiana Court of Appeals
Lorenzo Carlos Pfeifer v. State of Indiana
20A-CR-00417
Criminal. Affirms Lorenzo C. Pfeifer’s conviction of two counts of murder. Finds Pfeifer’s rights of confrontation under the Sixth Amendment to the Constitution of the United States and Article 1, Section 13 of the Constitution of Indiana were not violated when the St. Joseph Circuit Court admitted certain deposition testimony into evidence. Finds sufficient evidence to support the conviction.

Indiana Court of Appeals
The Residences at Ivy Quad Unit Owners Association, Inc. v. Ivy Quad Development, LLC, et al.
19A-PL-2974
Civil. Reverses the dismissal of Ivy Quad Unit Owners Association’s implied warranty and negligence claims over crumbling concrete and water infiltration at the Ivy Quad condominium complex in South Bend. Finds the St. Joseph Superior Court’s application of the economic loss doctrine as a complete bar to the association’s negligence claims against the defendants was premature and unwarranted. Remands for proceedings.

Indiana Supreme Court
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
20S-PL-618
Civil plenary. Affirms the grant of summary judgment in Parke Circuit Court to BigInch Fabricators & Construction Holding Company Inc. Finds there is no blanket rule prohibiting agreements that call for open-market concepts to apply to compulsory, closed-market transactions. Also finds that the shareholder’s agreement’s valuation term clearly contemplates a fair market valuation of Blake Hartman’s shares in BigInch, so a third-party appraiser could apply minority and marketability discounts.

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday: Rodriquez Anderson v. State of Indiana
21S-CR-28
Criminal. Grants transfer and summarily affirms the Indiana Court of Appeals’ decision remanding Rodriquez Anderson’s sentence to the Clark Circuit Court to correct the improper one-year sentence imposed for his conviction of Class B misdemeanor possession of marijuana, concurrent to his 25-year sentence for conviction of Level 2 felony conspiracy to deal methamphetamine. Rejects Anderson’s claim that he was improperly denied a speedy trial because counsel had been appointed at the time Anderson made his pro se request, so the trial court acted within its discretion in denying the request.

Indiana Court of Appeals
Jeffrey Thomas Maxwell v. Shirley Sue Maxwell 
20A-DR-869
Domestic relations. Reverses in part the order dividing marital property between Jeffrey and Shirley Maxwell. Finds that assigning the tax burden related to Jeffrey’s pension to Jeffrey alone has the result of significantly altering the Hancock Circuit Court’s intended 60/40 apportionment. Also finds Jeffrey is free to pay off the equalization payment more quickly than the $500 per month order and thereby incur less in interest. Remands for clarification regarding the division of Jeffrey’s military pension, and for the trial court to consider the tax consequences of its disposition and to redetermine the amount of the equalization payment. Judge Nancy Vaidik concurs and dissents in part with separate opinion.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Francina Smith v. GC Services Limited Partnership and ORG GC GP Buyer, LLC
19-3494
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the dismissal of Francina Smith’s complaint against GC Services under the Fair Debt Collection Practices Act for lack of Article III standing. Finds Smith has not alleged how a need to dispute the debt in writing deterred her from disputing the debt, or what good a dispute would have done her.

Indiana Court of Appeals

Herbert C. Haggard and Alice M. Haggard v. State of Indiana and Jerry L. Hillenburg and Morgan County, Indiana

20A-PL-1502

Civil plenary. Affirms the Morgan Circuit Court’s order appropriating land for the improvement of Interstate 69 in which Herbert and Alice Haggard had interest in an easement over the property. Finds the trial court did not err when it overruled the Haggards’ objections to the state’s complaint and their motion to vacate the order of appropriation.