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Opinions Sept. 7, 2017

September 7, 2017

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Justine Archer v. State of Indiana
49S04-1705-CR-288
Criminal. Affirms the Marion Superior Court’s order for Justine Archer to pay $5,240.32 in restitution following her conviction of Level 6 felony auto theft. Finds Archer did not waiver her right to appeal the amount of restitution she was ordered to pay. Also finds the trial court did not abuse its discretion in ordering Archer to pay restitution as a condition of probation for the spray-paint damage caused to the victim’s vehicle because there was sufficient evidence the damage was a direct result of the underlying theft. Finally, finds the trial court did not abuse its discretion in finding Archer had the ability to pay restitution.

Thursday opinions
Indiana Court of Appeals

Kevin Dowdy v. State of Indiana
49A02-1612-CR-2679
Criminal. Affirms the denial of Kevin Dowdy’s motion to suppress evidence. Finds the totality of the circumstances presented a particularized and objective basis for a traffic stop and that the stop was reasonable and did not violate Dowdy’s rights under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds that officer Cameron Taylor’s asking Dowdy if he “wouldn’t mind giving (him) his identification,” did not violate Dowdy’s rights under the Fourth Amendment.

Carol Walters v. JS Aviation, Inc. d/b/a Eagle Aircraft
64A03-1702-CT-421
Civil tort. Reverses the grant of summary judgment to JS Aviation Inc. d/b/a Eagle Aircraft. Finds there is an issue of fact regarding whether the step that caused Carol Walters to trip and fall presented an unreasonable risk of harm to invitees and whether JS Aviation should have anticipated that an invitee would not see the step. Also finds there are triable issues of fact as to whether JS Aviation breached its duty of reasonable care and was a contributing cause to Walters’ injuries. Remands.

Aisin USA MFG, Inc. v. Charles Brenner (mem. dec.)
93A02-1703-EX-433
Agency. Affirms the Worker’s Compensation Board’s decision that Charles Brenner was entitled to statutory compensation and benefits for injuries he incurred arising out of his employment with AISIN USA MFG Inc. Finds AISIN has waived its argument that Dr. Kristopher Williams’ report is inadmissible because it was not signed and has not established reversible error on the basis of the report’s illegibility. Also finds the evidence was sufficient to establish Brenner’s injuries arose out of his employment with AISIN. Finally, finds AISIN has waived its appeal of the board’s decision to refer Brenner to its ombudsman division to recommend a physician to evaluate him and offer an opinion on PPI.

Thomas L. Hale v. State of Indiana (mem. dec.)
35A04-1704-CR-889
Criminal. Affirms Thomas L. Hale’s 40-year sentence for his conviction of Class A felony dealing in methamphetamine. Finds Hale has failed to prove his sentence is inappropriate in light of the nature of the offense and his character.

Sammy Dale Joles v. State of Indiana (mem. dec.)
63A01-1704-CR-813
Criminal. Affirms Sammy Dale Joles’ conviction for home improvement fraud as a Level 5 felony and his sentence to six years executed in the Department of Correction and $34,524 in restitution. Finds the Pike Circuit Court did not abuse its discretion in not finding Joles’ willingness to pay restitution as a mitigator or in sentencing him. Also finds Joles has not sustained his burden of establishing his sentence is inappropriate in light of the nature of the offense and his character.

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