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.
Indiana Court of Appeals
James Witham v. Michael G. Steffan, as Personal Representative of the Estate of Gerald W. Rogers, et al.
18A-TR-2914
Trust. Reverses on interlocutory appeal the dismissal of Witham’s petition to contest a will. The trial court erred in dismissing Witham’s petition with prejudice as wrongfully filed, finding that the trial court instead should have transferred the matter to the appropriate court. Remands with instructions to transfer the case to Lake Superior Court for further proceedings.
Indiana Court of Appeals
Corey Lamar Winters v. State of Indiana
19A-CR-431
Criminal. Affirms Corey Winters’ conviction in Marion Superior Court of Class C misdemeanor operating a vehicle with an alcohol concentration equivalent of .08 or more. Finds there is sufficient evidence to support his conviction.
Indiana Court of Appeals
Jaron Leekingdus Ratliff v. State of Indiana
18A-CR-2387
Criminal. Affirms the Delaware Circuit Court’s denial of Jaron Ratliff’s motion to discharge his two charges of Class A felony dealing in cocaine. Finds the trial court did not abuse its discretion when it denied Ratliff’s motion to discharge pursuant to Indiana Criminal Rule 4(C). Finds the trial court’s decision did not violate Ratliff’s Sixth Amendment right to a speedy trial.
Indiana Court of Appeals
Cheryl Barron Doll v. Steven E Post, et al.
19A-TR-715
Trust. Reverses the DeKalb Superior Court’s judgment denying Cheryl Doll’s motion to intervene based on the trial court’s interpretation of the residuary clause of Ollie Waid Jr.’s revocable living trust. Finds the language of the residuary clause does not identify a beneficiary with reasonable certainty. Remands and instructs the trial court to grant Doll’s motion to intervene and to direct trustee Steven Post to hold the reside of the trust for Waid’s estate, and instructs the court to direct Post to distribute the residue to Waid’s heirs at law pursuant to the appellate court’s intestate succession statutes.
The following 7th Circuit Court of Appeals was posted after IL deadline on Thursday.
Malcolm Cobb, Jr. v. Aramark Correctional Services
18-1909
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Reverses and remands the Southern District Court’s dismissal of Malcolm Cobb Jr.’s lawsuit, finding he was late in filing his state-court negligence action against Aramark Correctional Services, which then was removed to federal court. Finds the district court misinterpreted Indiana’s prison mailbox rule and that Cobb had submitted reasonable, legitimate, and verifiable documentation supporting his claim that his documents were timely submitted.
Indiana Court of Appeals
Damoine Wilcoxson v. State of Indiana
18A-CR-1882
Criminal. Affirms Damoine Wilcoxson’s convictions of attempted murder and Level 5 felony criminal recklessness. Finds the Marion Superior Court should have entered two attempted murder convictions and sentenced Wilcoxson accordingly. Also finds the trial court did not err in the admission of evidence. Remands for the entry of a conviction and sentence on the second count of attempted murder.
The following 7th Circuit Court of Appeals decisions were posted after IL deadline Tuesday:
Common Cause Indiana, Indiana State Conference of the National Association for the Advancement of Colored People, and League of Women Voters of Indiana, Inc., v. Connie Lawson, in her official capacity as Secretary of State of Indiana, et al.
18-2491 and 18-2492
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the preliminary injunction blocking Indiana from removing voters from the state’s voter rolls without directly contacting the individuals. Finds Senate Enrolled Act 442, which permitted Indiana to rely solely on the Crosscheck database to purge voters, violated the National Voter Registration Act’s requirement that the state must either confirm with the voter that he or she has moved out of state or, if contact cannot be made, must not remove the name unless the state can show the person did not vote or appear to vote between the time the notification was sent and the date after the second general election for federal office. Judge Michael Brennan writes a concurring opinion that the nonprofits bringing the lawsuits do have standing under Article III.
Indiana Court of Appeals
Pinch-N-Post, LLC v. Verna L. McIntosh
19A-TP-00239
Tax deed. Affirms in part Verna McIntosh’s assertion that a notice sent by Pinch-N-Post, LLC that included the redemption amount for property she owned would have led a reasonable person to conclude that the total redemption amount was far greater than it actually was. However, finds the St. Joseph Circuit Court should have ordered a new redemption period and reverses and remands with instructions to order a new 120-day redemption period, with notice under Indiana Code section 6-1.1-25-4.5 to be given not later than 90 days after the order. Judge Elizabeth Tavitas concurs in part and dissents in part with a separate opinion, and would void the tax sale.
Indiana Court of Appeals
Timothy W. Allen v. State of Indiana (mem. dec.)
18A-CR-2952
Criminal. Dismisses Timothy Allen’s appeal of his status as a habitual offender. Finds Allen cannot seek to challenge his habitual offender enhancement on direct appeal as a result of his guilty plea to conviction of Level 5 felonies dealing in methamphetamine and possession of methamphetamine.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday.
USA v. Vahan Kelerchian
18-1320
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Criminal. Affirms firearms dealer Vahan Kelerchian’s conviction of four counts each of conspiracy and making false writings and one count of money laundering for his role in criminal conspiracies with Lake County law enforcement officers to fool manufacturers into thinking they were selling machine guns and laser sights to local police forces when they were instead going into private hands. Finds no error in instructing the jury, no prosecutorial conduct or other errors or abuses among the issues Kelerchian raised on appeal.
7th Circuit Court of Appeals
Whole Woman’s Health Alliance, et al. v. Curtis T. Hill, Jr., et al.
19-2051
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the Indiana Southern District Court’s issuance of a preliminary injunction on behalf of Whole Woman’s Health Alliance, as modified in accordance with the 7th Circuit Court of Appeals’ opinion. Finds the Alliance has shown a likelihood of success on the merits of its undue burden challenge. Also finds no clear error in the district court’s conclusion that Indiana did not give Alliance’s licensing application “a fair shake.”
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
USA v. Curtis L. Johnson
18-2350
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. District Judge Michael J. Reagan.
Criminal. Dismisses Curtis Johnson’s appeal of his 21-month sentence for conviction of wire fraud and upholds the appeal waiver in his guilty plea agreement. Finds no fundamental error and that Johnson’s circumstances do not present a due process exception to the rule that most written appeal waivers are effective. Concludes Johnson does not fall outside of the limits to an appeal waiver.
Indiana Court of Appeals
Clifton E. Sharp v. State of Indiana, and Brianna Finney
19A-CR-467
Criminal. Affirms and reverses in part the Clark Circuit Court’s ruling that the Estate of Clifton Sharp had standing to make a claim for bond money posted for Sharp by Brianna Finney, but summary judgment should be entered in favor of Finney. Finds the trial court properly concluded the estate had standing, but improperly entered judgment beyond that issue because there are factual matters to be developed. Remands for proceedings.
7th Circuit Court of Appeals
Christopher Regan and Northwest Indiana Creative Investors Association, Inc. v. City of Hammond, Indiana
18-3051
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Affirms the entry of summary judgment against Christopher Regan and Northwest Indiana Creative Investors Association Inc. Finds the city of Hammond’s licensing ordinance does not discriminate based on the domicile of a homeowner in name or effect and has the support of a rational basis, so it poses no problem under the dormant commerce clause.
Indiana Court of Appeals
Willie J. Bailey v. State of Indiana
18A-CR-2317
Criminal. Affirms Willie Bailey’s convictions of Level 2 felony counts of dealing in cocaine and dealing in narcotic drug; Level 6 felony counts of possession of a narcotic drug and felony escape for knowingly violating a home detention order; Class B misdemeanor possession of marijuana; and the Marion Superior Court’s habitual offender sentencing enhancement. Finds Bailey’s rights were not violated in searches of his vehicle at a gas station or two addresses associated with him; that the warrant authorizing those searches was supported by probable cause; that the evidence connecting Bailey with drugs found at those homes was sufficient to support his conviction; and that prosecutors’ closing arguments were not fundamental error.
Indiana Court of Appeals
John Laboa v. State of Indiana
18A-CR-00951
Criminal. Finds the Floyd Superior Court erred in the procedure it used to dispose of John Laboa’s petition for post-conviction relief. Finds the trial court’s judgment was not decided as provided by the post-conviction rules. Remands with instructions to either order the cause to be submitted by affidavit, allowing Laboa time to gather and submit affidavits he feels are relevant to his allegations, or hold an evidentiary hearing.