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Opinions Nov. 12, 2014

November 12, 2014

Indiana Court of Appeals
Jeffrey Z. Hayden v. State of Indiana
55A04-1403-CR-116
Criminal. Affirms sufficient evidence to convict Hayden of burglary, theft and residential entry. Remands with instructions to vacate guilty verdict on residential entry as it is a lesser-included offense of burglary and to clarify the entry of judgment as to whether to enter judgment and sentence on the theft conviction or to vacate the jury’s guilty verdict.

Frederick Holmes-Bey v. Keith Butts
33A05-1406-MI-290
Miscellaneous. Reverses denial of Holmes-Bey’s petition for a writ of habeas corpus. Because the objective of Holmes-Bey’s complaint is review and rescission of a disciplinary sanction, Holmes-Bey did not have the right to raise the question in an Indiana court. The appropriate response of an Indiana trial court presented with a purported appeal of a DOC disciplinary decision is to dismiss the complaint because it would not fall within the general scope of authority conferred upon the court by constitution or statute. Remands with instructions to dismiss the petition.

Jason L. Dague v. State of Indiana (NFP)
01A05-1406-CR-250
Criminal. Affirms revocation of probation and order that Dague’s sentence for two counts of check fraud be executed.

Sergio C. Poitan v. State of Indiana (NFP)
73A01-1402-CR-80
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.

Charles S. Howlett v. State of Indiana (NFP)
49A02-1403-CR-189
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Kenneth Kilpatrick v. State of Indiana (NFP)
48A02-1402-CR-105
Criminal. Affirms conviction of Class D felony theft.

James T. Bagby v. State of Indiana (NFP)
34A04-1309-PC-453
Post conviction. Affirms denial of petition for post-conviction relief.

Dr. Steven C. Prescott v. St. Mary of the Woods College (NFP)
84A01-1407-PL-287
Civil plenary. Affirms summary judgment against Prescott and in favor of the college on his complaint alleging the school had breached its contract with him when it terminated his employment as a tenured professor.

In the Matter of the Termination of the Parent-Child Relationship of: A.L., A.F.L, C.L. and D.L.; C.L. and A.L. v. The Ind. Dept. of Child Services (NFP)
71A03-1403-JT-79
Juvenile. Affirms termination of mother and father’s parental rights.

Jeff Leath v. State of Indiana (NFP)
79A05-1404-CR-149
Criminal. Affirms conviction of Class D felony unlawful sale of a precursor.

Nathaniel Harris v. State of Indiana (NFP)
49A04-1405-CR-205
Criminal. Affirms order that Harris serve the remainder of his previously suspended sentence.

Thomas Holliday v. State of Indiana (NFP)
89A04-1404-CR-177
Criminal. Affirms 55-year sentence following guilty plea to murder.

Kendra D. Phillips v. State of Indiana (NFP)
10A01-1310-CR-446
Criminal. Affirms six-year sentence for Class C felony neglect of a dependent causing bodily injury.

Maurice T. Higgins v. State of Indiana (NFP)
02A03-1404-CR-117
Criminal. Affirms three-year sentence following guilty plea to Class D felony battery resulting in bodily injury.

Eric A. Turner v. State of Indiana (NFP)
02A04-1404-CR-161
Criminal. Affirms 30-year sentence, with 18 years executed, following guilty plea to three counts of Class B felony robbery.

JLO LLC v. Kent Kalley, Aaron D. Kalley, Industrial Centre Federal Credit Union, Town of Yorktown, Muncie Sanitary District, et al. (NFP)
18A02-1404-MI-226
Miscellaneous. Affirms order denying JLO’s petition for tax deed regarding certain property located in Yorktown.

Brandon Stewart Temple v. State of Indiana (NFP)
41A01-1403-CR-144
Criminal. Affirms 13-year sentence, with nine years executed and four years suspended, following guilty plea to Class B felony child molesting.
 

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