Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Paternity of M.F., et al.; J.F. v. W.M.
Juvenile. Affirms denial of mother’s petition to establish paternity with respect to M.F. Mother failed to prove that insemination incurred in such a way as to render the donor agreement unenforceable and void as against public policy. Reverses finding that a valid, enforceable contract existed that would prohibit an action to establish paternity of C.F., the second child born. Remands to grant mother’s petition to establish paternity with respect to C.F. Judge Crone dissents in part.
Victor T. Jones v. State of Indiana
Criminal. Affirms conviction of resisting law enforcement as a Class D felony. The state’s naming of Officer Stewart in the charging information, which was not the correct name, was surplusage that was not required for a conviction, and therefore the evidence was sufficient to convict Jones of resisting law enforcement. Jones was subjected to double jeopardy when he was convicted of enhanced versions of both resisting law enforcement and criminal recklessness. Remands to reduce his criminal recklessness conviction to a Class B misdemeanor and re-sentence him accordingly. Reverses the jury, public defender, and docket fees and remands for further proceedings.
The Matter of D.R. v. State of Indiana (NFP)
Juvenile. Reverses and vacates D.R.’s finding for attempted carjacking as a Class B felony if committed by an adult and remands with instructions to amend the dispositional order to reflect a true finding for attempted robbery only, a Class B felony if committed by an adult.
Joshua Beal v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery and the order Beal pay restitution to his victim.
S.J. v. State of Indiana (NFP)
Juvenile. Affirms adjudication that S.J. committed what would be Class B misdemeanor battery if committed by an adult.
Miguel Alvarado v. State of Indiana (NFP)
Criminal. Affirms denial of motion to withdraw guilty pleas to criminal confinement and battery.
Michael J. Skoczylas v. Peggy C. Skoczylas (NFP)
Domestic relation. Affirms trial court’s adoption of the values of the parties' United States Postal Service pensions. Reverses decision that Michael be responsible for their son’s student loans and Peggy be responsible for their daughter’s loans. Remands with instructions.
Martel Johnson v. State of Indiana (NFP)
Criminal. Affirms conviction of felony murder.
Kenneth E. Lovelace v. State of Indiana (NFP)
Criminal. Affirms convictions of guilty but mentally ill and sentence for Class B felony burglary and Class D felony attempted theft.
Term. of Parent-Child Rel. of J.B., et al.; A.M. and D.B. v. IDCS (NFP)
Juvenile. Affirms involuntary termination of parental rights.
McIntyre Brothers, Inc. v. Kim D. Henderson, Melinda J. Henderson, Sydneyco, LLC, et al. (NFP)
Civil plenary. Affirms partial summary judgment to the effect that apportion of the Fifth Third mortgage lien, specifically that attributable to the Stone City mortgage payoff, is superior to McIntyre’s mechanic’s lien. Reverses order of foreclosure which decreed that McIntyre had no mechanic’s lien. Remands for further proceedings.
Denon Dabney v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.
Virgil L. Smith v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony robbery.
William Newhouse v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to two counts of Class B felony burglary, Class B felony attempted burglary, Class D felony stalking, three counts of Class D felony voyeurism, Class D felony attempted residential entry, Class A misdemeanor public indecency, and Class C misdemeanor public nudity.
Steve Uribe v. State of Indiana (NFP)
Criminal. Affirms 180-day executed portion of Uribe’s 365-day sentence for Class A misdemeanor criminal recklessness.
Kenneth McCreary v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.
James F. Griffith v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.