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Opinions May 16, 2013

May 16, 2013
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Indiana Court of Appeals
Jason Lee Sowers v. State of Indiana
08A02-1208-CR-640
Criminal. Reverses convictions of Class D felonies criminal recklessness and resisting law enforcement. The bailiff improperly communicated with the jury foreperson, resulting in fundamental error. Remands for further proceedings. Judge Bradford dissents.

Anthony McCullough v. State of Indiana
49A02-1209-PC-719
Post conviction. Affirms partial denial of petition for post-conviction relief. Finds McCullough received effective assistance of trial counsel for his guilty plea to Class C felony fraud on a financial institution, and therefore pleaded guilty knowingly, intelligently and voluntarily to that charge.

Tammy Spengler v. State of Indiana (NFP)

88A01-1207-CR-318
Criminal. Affirms trial court acted within its discretion in admitting the jailhouse recordings of Spengler’s conversation with her co-defendant and mother, and the evidence is sufficient to sustain her convictions of murder, aiding in murder and invasion of property. Affirms sentence is appropriate.

In the Matter of the Adoption of A.V.W. and R.V.W.; E.S. v. D.K. and J.K. (NFP)
55A05-1210-AD-551
Adoption. Affirms grant of D.K. and J.K.’s petitions to adopt the minor children.

Gregory Johnson v. State of Indiana (NFP)

49A02-1209-CR-709
Criminal. Affirms convictions of Class A felony dealing in cocaine and dealing in a narcotic drug.

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

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