Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Michael Akens v. State of Indiana
Criminal. Affirms sentence imposed following guilty plea to child molesting. The trial court’s statement that Akens could appeal his sentence wasn’t made until after the court had accepted the plea agreement and entered Akens’ sentence. The agreement included his express waiver of his right to appeal his sentence.
Deborah Edwards v. State of Indiana
Criminal. Reverses conviction of Class D felony criminal recklessness. Evidence of a defendant’s absence from a crime scene is not an “alibi” defense. It is a rebuttal of the prosecution’s contention the defendant was present and thus capable of committing the crime. Remands for a new trial.
Randy Allen Long v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia.
John C. Cole, Jr. v. Patrick V. Baker (NFP)
Civil. Reverses summary judgment for attorney Patrick Baker after he refused to return money Cole paid him as a retainer.
A.E. v. State of Indiana (NFP)
Juvenile. Affirms adjudication for committing what would be Class B and Class C felony child molesting if committed by an adult.
Ronald Wright v. State of Indiana (NFP)
Criminal. Affirms denial of motion to correct erroneous sentence.
Douglas K. Huffnagel v. Christopher F. Cline (NFP)
Civil. Affirms grant of Cline’s motion for a directed verdict in favor of Cline on Huffnagel’s claims for negligence and injuries following an automobile accident.
Timothy Charles Wakefield v. State of Indiana (NFP)
Criminal. Remands case for a sentencing statement that clearly explains its finding of aggravating and mitigating circumstances and its reasons for imposing consecutive sentences following guilty plea to Class D felonies criminal recklessness, maintaining a common nuisance, dealing in marijuana, and possession of a controlled substance.
William D. Baxter v. State of Indiana (NFP)
Post conviction. Reverses denial of petition for post-conviction relief.
Otis A. Tate, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony forgery.
William Kerr v. State of Indiana (NFP)
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class A misdemeanor.
D.C.B. Alleged to be C.H.I.N.S.; P.B. and Da.B. v. Marion County DCS and Child Advocates (NFP)
Juvenile. Affirms finding D.C.B. is a child in need of services.
Term. of Parent-Child Rel. of K.I. and R.I.; K.K. and C.I. v. IDCS (NFP)
Juvenile. Affirms termination of parental rights.
Andy Zulu v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentences for Class B felonies rape, and criminal deviate conduct.
Donald Johnston, et al. v. Carl W. Johnston, et al. (NFP)
Civil. Affirms the trial court’s judgment and order for distribution of sale proceeds.
James Gilman v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief and remands with instructions to enter an amended sentencing order.
Kenneth McClung v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony aggravated battery.
V.B. v. Review Board of the Indiana Dept. of Workforce Development and Daimler Chrysler Co. LLC (NFP)
Civil. Affirms dismissal of V.B.’s appeal of a determination that she was not eligible for benefits.
Lewis Vasquez v. State of Indiana (NFP)
Criminal. Reverses sentence following guilty plea to Class B felonies criminal confinement and burglary while armed with a deadly weapon. Remands for re-sentencing.
John B. Felder v. State of Indiana (NFP)
Civil. Affirms judgment in favor of the state and Department of Correction employees in Felder’s complaint regarding events that allegedly occurred while he was at Pendleton Correctional Facility.
Indiana Tax Court had posted no opinions at IL deadline.