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Opinions Jan. 24, 2013

January 24, 2013
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Indiana Court of Appeals
Danny Boling v. State of Indiana
20A04-1205-CR-237
Criminal. Affirms conviction of Class A felony attempted child molesting based on the evidence presented at trial and 45-year sentence. Finds the trial court erred in determining Boling is a credit restricted felon because a person convicted of attempted child molesting isn’t a credit restricted felon under I.C. 35-31.5-2-72(1). Remands with instructions to correct Boling’s record to remove that designation.

William Pereira and Joseph McConnell v. Monica Pereira, John LeFebre and Karen LeFebre
04A05-1205-PL-241
Civil plenary. Affirms summary judgment order which denied William Pereira and Joseph McConnell’s complaint to quiet title in real estate acreage bequeathed by Joseph Sleeper and allowed inheritance of a share of the acreage by John and Karen LeFebre. The trial court properly found that Julia McConnell Tarr had a vested interest not contingent upon outliving the last surviving life tenant.  

Diano L. Gordon v. State of Indiana
49A05-1205-CR-242
Criminal. Affirms convictions of Class D felonies attempted residential entry and escape. The show-up identification was not unduly suggestive and Gordon failed to object to the witness’s in-court identification of him. Rejects Gordon’s argument that his escape conviction should be reversed by application of the rule of lenity.

Terry Pounds v. State of Indiana (NFP)
18A02-1206-PC-456
Post conviction. Affirms denial of petitions for post-conviction relief.

P.P. v. J.C. (NFP)
36A01-1203-DR-113
Domestic relation. Affirms denial of father’s petition to modify custody and child support.

E. Paul Haste v. State of Indiana (NFP)
03A05-1207-CR-378
Criminal. Affirms conviction of Class B felony dealing in methamphetamine, but reverses $90,000 restitution order and remands for the trial court to reduce it to $30,722. Judge Crone concurs in part and dissents in part.

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

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