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Opinions Sept. 16, 2014

September 16, 2014

Indiana Court of Appeals
Willie Jenkins v. Mary Jenkins
49A02-1403-DR-132
Domestic relation. Reverses grant of Mary Jenkins’ motion to vacate a contempt hearing. It was not in the interests of justice for the trial court to ignore its rule of allowing 15 days to respond and granting her motion prior to allowing Willie Jenkins time for response. Remands for further proceedings.

Brent A. Mechling v. State of Indiana
90A02-1312-CR-1031
Criminal. Affirms three-year sentence for Class D felony invasion of privacy. Mechling validly waived the right to appeal his sentence in a written plea agreement, and the state is not stopped from enforcing the waiver provisions of the plea.

State Farm Fire & Casualty Company v. Joseph Martin Radcliff and Coastal Property Management, LLC, a/k/a CPM Construction of Indiana
29A04-1311-CT-542
Civil tort. Affirms denial of State Farm’s Trial Rule 60(B) motion, which rejected its request for relief on the limited issue of defamation after a jury awarded $14.5 million to Radcliff and his company. The record does not reveal fraud or any unfair impediment to State Farm’s ability to fully and fairly defend against Radcliff’s claim of defamation.

Travis Booker v. State of Indiana (NFP)
48A05-1312-CR-623
Criminal. Affirms conviction of Class B felony robbery.

Roy C. Bebout v. State of Indiana (NFP)
82A01-1401-CR-27
Criminal.  Dismisses appeal because it amounts to an authorized successive petition for post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of: K.B. (Minor Child) and W.B. (Mother) v. The Indiana Department of Child Services (NFP)
49A05-1402-JT-63
Juvenile.  Affirms termination of parental rights.

Jerry C. Jackson, Jr. v. State of Indiana (NFP)
48A05-1403-CR-106
Criminal. Affirms order terminating placement in Madison County Drug Court program.

 

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