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Opinions Aug. 30, 2013

August 30, 2013

Indiana Court of Appeals
Joshua Gomillia v. State of Indiana
49A02-1301-CR-77
Criminal. Affirms 45-year sentence with 40 years executed for convictions of Class A felony criminal deviate conduct and Class B felony robbery, holding that the trial court did not abuse its discretion in sentencing when it referenced the victim’s strength and support system. The court also held that to the extent that an element of the crime was considered an aggravator, it is no longer improper double enhancement in light of the sentencing scheme adopted after Pedraza v. State, 887 N.E.2d 77, 80 (Ind. 2008).

Evansville Courier & Press and Rita Ward v. Vanderburgh County Health Department
82A04-1302-PL-57
Civil plenary. Affirms denial of a request to provide death records, holding that the statute governing those public records states they must be provided only if the person requesting them has a direct interest and meets the requirements of I.C. 16-37-1-8.

Bianca Mosley v. State of Indiana (NFP)
82A01-1301-CR-6
Criminal. Affirms trial court order that Mosley pay $195 in restitution.
 
In Re: Matter of L.R. v. State of Indiana (NFP)
49A05-1301-JV-25
Juvenile. Affirms delinquency adjudication for an act that would constitute Class D felony theft if committed by an adult.

Curtis Ray Brock v. State of Indiana (NFP)
87A05-1303-CR-121
Criminal. Affirms one-year and 180-day sentence for convictions of Class A misdemeanor battery and Class B misdemeanor battery.

Gary Napers v. State of Indiana (NFP)
48A02-1302-CR-147
Criminal. Affirms six-year executed sentence for conviction of Class D felony receiving stolen property and finding of habitual offender. Reverses order on costs and fees and remands for a determination of ability to pay and date of first installment.

Darrell Spillers v. State of Indiana (NFP)
84A01-1302-CR-70
Criminal. Affirms revocation of probation for conviction of Class C felony robbery and Class D felony intimidation.

William Temple v. State of Indiana (NFP)
49A02-1210-PC-895
Post conviction. Affirms denial of post-conviction relief from a Class D felony conviction of failure to register as a sex offender and habitual offender enhancement.

In Re The Involuntary Termination of the Parent-Child Relationship of E.M., G.M., and L.M.: B.M. v. The Indiana Department of Child Services (NFP)
29A02-1301-JT-64
Juvenile. Affirms modification of child support.

Anthony Eugene Winder v. State of Indiana (NFP)
02A03-1212-CR-539
Criminal. Affirms in part, reverses in part and remands a conviction and 50-year sentence for two counts of Class A felony robbery resulting in serious bodily injury and attempted robbery enhanced by a habitual offender finding. Orders attempted robbery conviction reduced to a Class C felony and sentence entered accordingly.

Lloyd Kirk v. State of Indiana (NFP)
49A05-1302-CR-66
Criminal. Affirms in part and reverses in part convictions for Class A felony rape and Class C felony battery. Vacates felony battery conviction as double-jeopardy.

In Re The Marriage of Kathryn Y. Huffer and Charles C. Dorton, Kathryn Y. Huffer v. Charles C. Dorton (NFP)
32A01-1212-DR-583
Domestic relation. Affirms modification of child support. 

Henry L. Newton v. State of Indiana (NFP)
82A05-1301-CR-22
Criminal. Affirms in part, reverses in part and remands convictions of Class A felony burglary, Class B felony robbery, Class D felony theft and habitual offender finding. The robbery conviction is ordered and sentence is reduced to a Class C felony, but the aggregate 65-year sentence stands because the lesser sentences were ordered served concurrently.

Joseph A. Taylor v. State of Indiana (NFP)
22A01-1302-CR-64
Criminal. Remands to the trial court a denial of motion for relief from judgment and orders the matter dismissed as it is barred by the doctrine of res judicata.

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

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