Indiana Court of Appeals
Jimmy E. Crase v. State of Indiana (mem. dec.)
18A-CR-2423
Criminal. Affirms Jimmy E. Crase’s conviction of two counts of Class B felony child molestation. Finds there is sufficient to support Crase’s classification as a credit restricted felon.
Indiana Court of Appeals
Bart M. Betteau v. Robert Headrick and Karen Headrick (mem. dec.)
18A-MI-2610
Miscellaneous. Affirms the Floyd Superior Court’s ruling that Robert and Karen Headrick are owners of an easement allowing use of a gravel driveway that runs across Bart Betteau’s property. Finds the Headricks have a right to use the gravel driveway along the path it followed at the time the Headricks and Betteau took title to their respective properties. Also finds the trial court did not err in assessing the Headricks and Betteau each half the maintenance cost for the portion of the gravel driveway that is utilized by both parties.
Indiana Court of Appeals
James A. Ringley v. Caliber Home Loans, Inc. (mem. dec.)
19A-MF-782
Mortgage foreclosure. Affirms the Hamilton Superior Court’s order denying James Ringley’s motion to set aside the judgment entered in favor of Caliber Home Loans, Inc. Finds the trial court did not abuse its discretion when it denied Ringley’s motion to set aside the judgment in favor of Caliber.
Indiana Supreme Court
C.S., Jr. v. State of Indiana; Z.T. v. State of Indiana
19S-JV-136, 19S-JV-137
Juvenile. Affirms the orders from Elkhart Circuit Court making C.S. Jr., and Z.T. wards of the Indiana Department of Correction. Finds the trial court did not follow Indiana Administrative Rule 14(B) when it had the juveniles participate in their modification hearings via Skype, but concludes the juveniles failed to demonstrate fundament error. Justice Steven David dissents, arguing the trial court’s failure to follow Administrative Rule 14(B) resulted in fundamental error, so the lower court’s ruling should be reversed and the case should be remanded.
Indiana Court of Appeals
Heather Stone v. Doyle T. Wright and The City of Clinton, Indiana
18A-CT-3151
Civil tort. Affirms the dismissal of Heather Stone’s second amended complaint against Doyle Wright and the city of Clinton, as well as the denial of her motion for leave to file a third amended complaint. Finds the Vermillion Circuit Court did not err in dismissing her second complaint. Also finds the trial court did not abuse its discretion in denying Stone’s second motion for leave to file a third amended complaint.
Indiana Court of Appeals
Jeremy Jay Ellis v. State of Indiana (mem. dec.)
19A-CR-462
Criminal. Affirms Jeremy Ellis’ convictions of Level 4 felony manufacturing methamphetamine, Level 6 felony possession of meth and Level 6 felony possession of precursors, and his aggregate eight-year sentence. Finds the Lagrange Superior Court did not err by admitting evidence found as a result of the pat down search. Also finds Ellis’ sentence is not inappropriate in light of the nature of the offenses or his character.
Indiana Court of Appeals
Termination: A.B., et al. v. Indiana Department of Child Services
19A-JT-00487
Juvenile termination. Affirms the Steuben Circuit Court did not abuse its discretion in admitting drug test evidence from parents A.B. and J.R. Finds there is sufficient evidence to support the termination of the parent-child relationships with their children K.R., J.T.R., J.L.R., and E.R. Finds there is a reasonable probability that the conditions that resulted in the children’s removal will not be remedied.
Indiana Court of Appeals
Kurt McElroy v. State of Indiana
18A-CR-2930
Criminal. Affirms the Marion Superior Court’s denial of Kurt McElroy’s motion to suppress the evidence of marijuana and a handgun found during a search of his home. Finds McElroy’s Fourth Amendment rights were not violated by the officers’ search of the common areas of the residence, specifically the kitchen, and the subsequent seizure of the handgun. Likewise, finds the officers did not violate his state constitutional rights.
Indiana Court of Appeals
Feather Trace Homeowners Association, Inc. v. Donald R. Luster
19A-SC-300
Small claims. Reverses the Marion Superior Small Claims Court’s judgment in favor of homeowner Donald Luster against the Feather Trace Homeowners Association. Finds no cases holding that abrogation of homeowner association dues and assessments is the appropriate remedy for an owner’s dissatisfaction with the way an HOA is performing or the conditions or quality of the neighborhood and its amenities. Remands with instructions to enter judgment in favor of the HOA and to calculate the amount owed by Luster.
The following opinions were posted after IL deadline Friday.
7th Circuit Court of Appeals
Donald Wayne Bush v. USA
16-3244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s decision due to its basis on an “erroneous jurisdictional view.” Finds that although the bankruptcy judge was right to hold that he had authority to resolve the tax dispute between Donald and Kimberly Bush and the United States while the Bushes’ bankruptcy was ongoing, the exercise of that authority was no longer appropriate. Remands with instructions to remand to the bankruptcy judge for the entry of an order under §1334(c)(1), marking the final step in the Bushes’ bankruptcy proceedings.
Indiana Court of Appeals
T.R. v. E.R.
19A-DC-89
Domestic relations. Affirms the Marion Superior Court’s decree of dissolution of T.R. and E.R.’s marriage. Remands with instructions to clarify the order regarding the domestic violence program, psychological evaluation and mother’s income, and to recalculate child support if necessary.
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of D.B., L.B., H.B. & S.B. (Minor Children) and D.J.B. (Father), et al. v. Indiana Department of Child Services (mem. dec.)
19A-JT-542
Juvenile termination. Affirms the termination of D.J.B. and M.M.B.’s parental rights to their children, D.B., L.B., H.B., and S.B. Finds there is sufficient evidence to support the termination of parental rights order from Starke Circuit Court.
The following Indiana Tax Court opinion was posted after IL deadline Tuesday.
Rolls-Royce Corporation v. Marion County Assessor
19T-TA-23 and 19T-TA-24
Tax. Denies the Marion County Assessor’s second motion to dismiss Rolls-Royce’s appeal of the assessment of its real property for the 2012-2016 tax years. The assessor failed to prove that Rolls-Royce did not: state a claim upon which relief could be granted; comply with certain statutory prerequisites, or; exhaust its administrative remedies. Also declines Rolls-Royce’s request for attorney fees, finding the assessor’s second appeal was not duplicative.
Indiana Court of Appeals
Syed Umar Husainy v. Granite Management, LLC, and Jaffa Varsity 1, LLC
18A-PL-2752
Civil plenary. Affirms the Tippecanoe Superior Court’s denial of Granite Management LLC and Jaffa Varsity 1 LLC’s motion to correct error on a jury verdict in favor of Syed Husainy on his claim under Indiana Code § 32-31-8-5, but reverses the grant of the appellees’ motion to correct error on the jury verdict in Husainy’s favor on his breach of covenant claim. Finds the trial court abused its discretion in granting the motion to correct error on the breach claim but did not abuse its discretion in denying the motion to correct error on the statutory claim. Also finds the trial court abused its discretion in awarding Husainy only $2,000 in attorney’s fees. Finally, finds Husainy has waived his argument that the trial judge was biased against him and should have disqualified himself. Remands to reinstate the jury’s verdict on the breach claim, and to reconsider Husainy’s request for fees.
Indiana Court of Appeals
Steven Glover, as Personal Representative of the Estate of Shelina M. Glover v. Allstate Property and Casualty Insurance Company
19A-CT-403
Civil tort. Affirms the Marion Superior Court’s grant of Allstate Property and Casualty Insurance Company’s motion for summary judgment against Steven Glover, as well as the denial of its motion to correct error. Finds the trial court did not err in granting summary judgment in Allstate’s favor.
Indiana Supreme Court
Rainbow Realty Group, Inc., et al. v. Katrina Carter and Quentin Lintner
19S-CC-38
Civil collection. Affirms the Marion Superior Court’s judgment for tenants Katrina Carter and Quentin Lintner against Rainbow Realty Group Inc. on their claim under Indiana’s residential landlord tenant statutes. Reverses the judgment awarding relief to the couple under the Deceptive Consumer Sales Act and remands with instructions to enter judgment for Rainbow. Affirms the trial court’s resolution of the remaining claims and counterclaims. Remands with instructions to recalculate the couple’s award of reasonable attorney’s fees, including appellate fees they may seek.
Indiana Court of Appeals
William Hedrick v. State of Indiana
18A-CR-01945
Criminal. Grants William Hedrick’s petition for rehearing to correct errors in the Indiana Court of Appeals’ original opinion. Reaffirms the original opinion in all other respects, holding the erroneous admission of the Drug Enforcement Administration agent’s deposition testimony was harmless.
The following 7th Circuit was posted after IL deadline Tuesday.
David Camm v. Stanley Faith
18-1440
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Civil. Affirms in part, reverses in part the Southern District Court’s entry of summary judgment on behalf of Robert Stites, Rodney Englert, Stanley Faith, and Sean Clemons in a damages suit brought by former state trooper David Camm. Finds Camm presented enough evidence to proceed to trial on the Fourth Amendment claim as it relates to the first probable-cause affidavit. Remands for trial accordingly. Also finds trial is warranted on the Brady claim against the same four defendants for suppression of Stites’ lack of qualifications and against Faith and Clemons for suppression of the facts surrounding their handling of the DNA profile on Charles Boney’s sweatshirt.
Indiana Supreme Court
In the Matter of Brent Welke
49S00-1707-DI-472
Discipline. Suspends attorney Brent Welke from the practice of law in Indiana for three years without automatic reinstatement. Finds Welke committed attorney misconduct by incompetently representing a client, improperly using a nonlawyer assistant and knowingly making false statements of material fact to the Indiana Supreme Court Disciplinary Commission. Justice Steven David dissents regarding the sanction without separate opinion, believing disbarment is warranted.
The following Indiana Supreme Court decision was posted after IL deadline Friday.
Corey R. Faith v. State of Indiana
19S-CR-499
Criminal. Revises the sentencing order from an aggregate 70 years in prison to an executed sentence of 60 years in prison for Corey Faith’s conviction in Harrison Superior Court on three counts of Class A felony child molesting. Finds that under the circumstances of the case, the Court of Appeals’ reduction of Faith’s sentence to 30 years executed was wholly inadequate. Justice Geoffrey Slaughter dissents to the grant of transfer but would affirm the trial court.