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Opinions October 27, 2014

October 27, 2014

Indiana Court of Appeals
In Re the Adoption of K.W.: M.W. v. S.L. and T.L.
10A04-1309-AD-469
Adoption. Reverses decree granting S.L. and T.L.’s petition to adopt K.W. The trial court violated father’s due process rights when it failed to rule on his request for appointed counsel. Remands for the trial court to determine whether father, who is incarcerated, is indigent, and if so, to appoint counsel to represent him at a new adoption hearing.

Richard I. Spiece Sales Co., Inc. d/b/a Spiece Sales Co., Inc. v. Levi Strauss North America
85A02-1312-CC-1037
Civil collection.  Affirms ruling in favor of Levi Strauss North America on its lawsuit to collect more than $315,000 from Spiece Sales Co. after Spiece violated Levi’s internet policies and failed to return inventory to Levi’s. Finds evidence supports ruling that Spiece cannot prevail on his counterclaims for breach of contract, constructive fraud and violations of the Franchise Act.

David T. Hays and Amanda G. Hays v. Deborah J. Wise
76A04-1401-PL-43
Civil plenary. Affirms judgment in favor of Wise on her complaint alleging the Hayses failed to disclose defective conditions in the home she purchased from them. Finds although there is no direct evidence that the Hayses had actual knowledge of the defects, based on the facts and circumstances of the case, there was sufficient circumstantial evidence for the trial court to infer that they had actual knowledge of most, if not all, of the home’s defects or problems.

Juaquin Diaz-Delreal v. State of Indiana (NFP)
46A03-1404-CR-130
Criminal. Affirms one-year sentence in jail following guilty plea to criminal recklessness. Reverses and remands for trial court to vacate conviction as a Class D felony and enter the judgment as a Class A misdemeanor.

Uriah Booker v. State of Indiana (NFP)
49A04-1403-CR-103
Criminal. Affirms conviction of Class C felony battery.

Roy Lee McGraw v. State of Indiana (NFP)
49A04-1312-CR-589
Criminal. Affirms conviction of Class D felony intimidation.

Pepper M. Glisson v. State of Indiana (NFP)
35A04-1403-CR-145
Criminal. Affirms convictions of Class D felonies perjury and obstruction of justice.

Mark Bender v. State of Indiana (NFP)
09A05-1403-CR-143
Criminal. Affirms 4-year sentence following guilty plea to Class C felony possession of cocaine.

Shelley L. King v. State of Indiana (NFP)
49A05-1404-CR-153
Criminal. Affirms revocation of placement in community corrections and probation.

Trevin Hornbeak v. State of Indiana (NFP)
49A04-1311-CR-569
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana and reverses conviction of Class A misdemeanor possession of paraphernalia.

 

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