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Opinions Feb. 5, 2013

February 5, 2013
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Indiana Court of Appeals
Ignacio Perez v. State of Indiana
20A03-1206-CR-247
Criminal. Affirms denial of motion to suppress. Finds the detention, arrest and search incident to the arrest were reasonable and did not violate Perez’s right to be free from unreasonable search and seizure under the Fourth Amendment. The dog sniff outside his residence was reasonable and there was no violation of his rights under the Indiana Constitution. Remands for retrial.

Keiyun L. Mays v. State of Indiana
45A04-1205-CR-287
Criminal. Affirms 15-year sentence for Class B felony criminal confinement and finding that Mays is a sexually violent predator. Mays failed to establish that the process used to determine his SVP status constituted fundamental error, the trial court abused its discretion in sentencing him, and that the state provided insufficient evidence to sustain the SVP finding.

Vance R. Pace v. State of Indiana
20A03-1206-PC-378
Post conviction. Reverses denial of petition for post-conviction relief. Pace’s trial counsel’s performance was deficient and Pace was prejudiced by that. Remands for a new trial.  

Term. of the Parent-Child Rel. of D.B., Minor Child, and His Mother, J.B.: J.B. v. Indiana Dept. of Child Services (NFP)
87A01-1207-JT-336
Juvenile. Affirms termination of parental rights.

Donald Tatum v. State of Indiana (NFP)
49A04-1206-PC-331
Post conviction. Affirms denial of petition for post-conviction relief.

Eddie Rogers v. State of Indiana (NFP)

02A05-1206-CR-331
Criminal. Affirms revocation of probation.

Alfredo Lopez v. State of Indiana (NFP)
49A05-1207-CR-346
Criminal. Affirms conviction of Class D felony domestic battery.

Joshua W. Joyner v. State of Indiana (NFP)
49A02-1208-CR-618
Criminal. Affirms conviction of Class D felony theft.

Jereamy M. Barnes v. State of Indiana (NFP)
18A05-1204-CR-209
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Shabbir Hussain v. Syed Ali (NFP)
85A02-1208-MF-629
Mortgage foreclosure. Affirms denial of Hussain’s petition to execute and deliver sheriff’s deed and grant of a similar competing petition filed by Ali.

Term. of the Parent-Child Rel. of L.R., Minor Child, and Her Father, R.R.: R.R. v. Indiana Dept. of Child Services (NFP)
76A03-1206-JT-286
Juvenile. Affirms termination of parental rights.

Term. of the Parent-Child Rel. of: M.A.P. (Minor Child) and M.L.P. (Father) v. Indiana Dept. of Child Services, Allen County Office (NFP)
02A03-1206-JT-254
Juvenile. Affirms termination of parental rights.

The 7th Circuit Court of Appeals posted no Indiana decisions at IL deadline. The Indiana Supreme Court and Court of Appeals posted no decisions by IL deadline.
 

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