Opinions Aug. 27, 2010

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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brian
S. Adcock v. State of Indiana

47A01-0912-CR-591
Criminal. Affirms convictions of two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct
with a minor, and finding that Adcock is a repeat sexual offender. The trial court didn’t err in permitting the prosecutor
to analogize the standard of proof to a jigsaw puzzle during voir dire or in allowing the state to amend the repeat sexual
offender notice.

Victor
C. Regalado v. Estate of Joseph Regalado and Paula Heffelfinger

64A05-0911-CV-672
Civil. Reverses trial court grant of summary judgment that Heffelfinger is Joseph Regalado’s half-sister. Holds that
a child must show she is a child born out of wedlock before I.C. Section 29-1-2-7 is applicable and that there is a genuine
issue of material fact as to whether Paula is a child born out of wedlock. Also holds that Joseph’s father’s acknowledgment
of Paula as his biological daughter in the Agreed Order of Annulment does not preclude Joseph’s father or any other
heir from challenging his paternity of Paula. Remands for further proceedings.

Michael
Butler v. State of Indiana

49A02-0904-CV-343
Civil. Reverses denial of Butler’s pro se motions to set aside default judgment against him for operating a truck in
a restricted lane on a highway consisting of at least three lanes, and for speeding, both as civil infractions. Butler engaged
in no “foot dragging” or other behavior seeking to delay the process and attempted to immediately address the
effects of his absence from the March 16 hearing. Procedural issues also interfered with his ability to obtain a hearing.
Remands with instructions to set a new trial date.

B.F.
v. Review Board, and Whirlpool Corp. (NFP)

93A02-1004-EX-379
Civil. Affirms denial of unemployment insurance benefits.

Katina
Starks v. State of Indiana (NFP)

02A05-1001-CR-27
Criminal. Affirms conviction of Class D felony theft.

Shawn
Davis b/n/f Misty Davis v. Animal Control-City of Evansville, Evansville Housing Authority, et al. (NFP)

82A01-0911-CV-527
Civil. Reverses summary judgment for the city defendants in Davis’ action following injuries he received from a dog
bite. Remands for further proceedings.

Ronald
C. Hedges v. Weyerbacher Farms (NFP)

87A05-1003-PL-275
Civil plenary. Affirms summary judgment for Weyerbacher Farms in Hedges’ lawsuit for breach of pasture lease, and declaratory
judgment abating rent payments and extending the term of the lease.

Term.
of Parent-Child Rel. of M.B., et al.; M.R. v. Marion County DCS and Child Advocates (NFP)

49A02-1002-JT-109
Juvenile. Affirms involuntary termination of parental rights.

Steve
Ballard v. State of Indiana (NFP)

49A02-1001-CR-63
Criminal. Affirms two convictions of murder and 110-year sentence.

Danitra
White v. State of Indiana (NFP)

49A02-0911-CR-1150
Criminal. Affirms convictions of Class D felonies domestic battery and two counts of battery.

Dustin
J. Baumbarger v. State of Indiana (NFP)

02A04-0912-CR-675
Criminal. Affirms conviction of Class D felony theft.

Thomas
A. Hopkins v. State of Indiana (NFP)

48A05-1002-CR-125
Criminal. Affirms revocation of placement in in-home detention and execution of part of Hopkins’ previously suspended
sentence.

Indiana Tax Court had posted no opinions at IL deadline.
 

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