Opinions Nov. 21, 2014

Keywords neglect / Opinions
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Indiana Court of Appeals
Deriq Watters v. State of Indiana
Criminal.  Reverses revocation of probation. The evidence used to revoke Watters’ probation was inadmissible.

Destination Yachts Inc., and Sheldon Graber v. Jim R. Fine
Small claim. Reverses denial of motion to continue case so Graber’s attorney could be present. Although Fine traveled from Las Vegas for the hearing and returning at a later date may have inconvenienced him, that is not a reason to justify the denial of a continuance where basic rights of representation and defense against a claim are at issue. Remands for further proceedings.

Christopher M. Montgomery v. State of Indiana
Criminal.  Affirms Montgomery’s conviction for murder, reverses conviction of neglect of a dependent as a Class B felony under Count III based on double jeopardy and remands with instructions to enter it as a Class D felony. He should be sentenced to three years thereon, to be served consecutive to his murder conviction under Count I. The post-conviction court erred when it ordered that Montgomery be allowed to bring a second direct appeal and brief an issue which had not been briefed in his initial appeal.

Antwonna Smith v. State of Indiana
Criminal. Reverses Class D felony conviction of resisting law enforcement and remands for the trial court to enter the conviction as a Class A misdemeanor. As Smith did not inflict or directly cause the officer’s injury, her conviction should not have been enhanced to a felony.

John M. Gresko v. State of Indiana (NFP)
Criminal.  Affirms conviction and sentence for Class D felony escape.

In the Matter of the Termination of the Parent-Child Relationship of: A.P., P.M., & A.T. and S.T. v. The Indiana Department of Child Services (NFP)

Juvenile.  Affirms termination of parental rights.

Charles Smith v. State of Indiana (NFP)
Criminal.  Affirms convictions of Class D felony battery and Class A misdemeanors operating a vehicle while intoxicated and resisting law enforcement.

In the Matter of the Termination of the Parent-Child Relationship of: Z.J.C. and L.C. v. The Indiana Department of Child Services (NFP)
Juvenile.  Affirms termination of parental rights.

William A. Russell v. State of Indiana (NFP)
Criminal.  Affirms sentence for Class B felony burglary and finding that Russell is a habitual offender.


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