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Opinions Nov. 21, 2014

November 21, 2014

Indiana Court of Appeals
Deriq Watters v. State of Indiana
34A02-1403-CR-215
Criminal.  Reverses revocation of probation. The evidence used to revoke Watters’ probation was inadmissible.

Destination Yachts Inc., and Sheldon Graber v. Jim R. Fine
14A01-1404-SC-188
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
49A02-1312-CR-1039
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
49A02-1312-CR-1015
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)
90A04-1404-CR-196
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)

82A01-1402-JT-74
Juvenile.  Affirms termination of parental rights.

Charles Smith v. State of Indiana (NFP)
49A02-1405-CR-304
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)
02A03-1404-JT-127
Juvenile.  Affirms termination of parental rights.

William A. Russell v. State of Indiana (NFP)
41A04-1406-CR-290
Criminal.  Affirms sentence for Class B felony burglary and finding that Russell is a habitual offender.

 

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