Opinions Nov. 24, 2014

Keywords neglect / Opinions
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Indiana Court of Appeals
Antonio Smith v. State of Indiana
Criminal. Reverses conviction of Class C felony burglary, finding the state knowingly proffered perjured testimony from a witness who had previously pleaded guilty to the break-in of a Dollar General store that Smith also was charged with. The state had a duty to correct perjured testimony and should have joined in the defense’s request for a mistrial. The court referred the case to the Indiana Supreme Court Disciplinary Commission with a caution: “We also note that instances of prosecutorial misbehavior continue to come before us on appeal notwithstanding our admonishments.”

In re the Visitation of H.B., Adam Burris v. Timothy W. Schmidt and Anita J. Schmidt
Miscellaneous. Reverses trial court’s order granting visitation to grandparents, Timothy and Anita Schmidt. Ruled the trial court’s conclusion that the father would not permit the grandparents to visit H.B. without a court order was “clearly erroneous.” Instead, the COA found Burris was allowing the grandparents to visit. The dispute between Burris and the grandparents was over the scope of the visitation and therefore the court did not need to intervene into the father’s decision since he was a fit parent.

Michael E. Johnson v. State of Indiana (NFP)
Criminal. Reverses Johnson’s conviction of failure to register as a sex offender, a Class C felony. Finds Johnson did not qualify as a sexually violent predator under state law and that his duty to register as a sex offender had already expired at the time of his arrest for failure to register. Remands with instructions to vacate Johnson’s conviction.

In the Matter of the Termination of the Parent-Child Relationship of R.O., Minor Child, and J.T., Father, and M.O., Mother, J.T. v. Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights of J.T. (the father) to R.O. (the child).

Stanley F. Collesano v. Citimortgage, Inc. (NFP)
Mortgage foreclosure. Affirms default judgment in favor of CitiMortgage, Inc. on its complaint to foreclose on Collesano’s property.

Charles Case, II v. State of Indiana (NFP)
Criminal. Affirms 48-year sentence after guilty plea to two counts of Class A felony child molesting.

Robert C. Tiller v. State of Indiana (NFP)
Post conviction. Affirms denial of Tiller’s petition for post-conviction relief.

Daniel R. Walls v. Brian Joseph Eagan, and Dale Terrell (NFP)
Protection order. Affirms trial court’s orders which granted Eagan’s petition for a protection order against Walls and which denied Walls’ petitions for protective orders against Eagan and Terrell.


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