Opinions Oct. 30, 2014

Keywords neglect / Opinions
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Indiana Supreme Court
Wayne A. Campbell v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief, finding no ineffective assistance by trial counsel for, in part, failing to object to an instruction on the definition of “intentionally.” The second sentence of the contested instruction serves to emphasize the heavy burden placed on the state to prove that a defendant acted intentionally.

 Anthony Hollowell v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief. Hollowell failed to show a reasonable probability that but for his counsel’s failure to argue the sufficiency claim with more specificity, the result of his direct appeal would have been any different.

Indiana Court of Appeals
M.J. v. State of Indiana
Juvenile. Reverses M.J.’s adjudication as delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. Vacates Feb. 19, 2014, dispositional orders in prior adjudications with cause numbers 49D09-1206-JD-1621, 49D09-1209-JD-2393, and 9D09-1305-JD-1286, which modified prior orders and include suspended commitments to the Indiana Department of Correction. There is insufficient evidence to support M.J.’s adjudication as none of his actions suggested criminal activity was afoot.  

Michael W. Anderson v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Christopher Hopkins v. State of Indiana (NFP)

Criminal. Affirms sentence for two counts of Class C felony sexual misconduct with a minor and one count of Class D felony possession of marijuana.

E.I. v. State of Indiana (NFP)
Juvenile. Affirms determination E.I. is a delinquent for committing what would be Class B felony child molesting and Class C felony child molesting if committed by an adult.

Letitia Kurabara v. Creative Real Estate Property Management (NFP)
Small claim. Affirms there is an agency relationship between Kurabara and a family friend she rented her house to. Affirms damages award in the amount of $4,724.29, but it is not clear the court accounted for the $1,365 in payments retained by Creative Real Estate Property Management, which managed the property. Remands for further proceedings.


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