Opinions Dec. 19, 2014

December 19, 2014

Indiana Court of Appeals
Christopher Duncan v. State of Indiana
Criminal. Reverses conviction of identity deception because the state did not prove that the name and birth date Duncan falsely gave to police belonged to a real person. Remands with instructions to vacate that conviction and sentence as well as the conviction and sentence for Class D felony pointing a firearm because of double jeopardy principles. Also remands for the court to reduce his resisting law enforcement conviction to a Class A misdemeanor due to double jeopardy principles.

Eunice McKibben v. Jeff Hughes, b/n/f Joyce Hughes
Civil plenary. Affirms McKibben is liable for the checks she wrote on her and Hughes’ joint bank account because the funds in the account belonged to Hughes. The trial court miscalculated the judgment against McKibben, so the case is remanded with instructions to re-enter judgment against her in the amount of $15,679.55. Affirms denial of Hughes’ request to rescind the deed.

Erica N. Dumes v. State of Indiana
Criminal. Affirms convictions of Class C felony forgery and Class B misdemeanor unauthorized practice of law. The evidence shows the attorneys whose information appears on the divorce filing did not give Dumes permission to use their name or attorney number and that she provided legal advice and services without being admitted to the bar.

Suzanne E. Esserman v. Review Board of the Indiana Department of Workforce Development, and Indiana Department of Environmental Management
Agency action. Reverses denial of Esserman’s claim for unemployment benefits. The record does not support the board’s decision that she was terminated for just cause.

Joseph D. Haskins III v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Daniel L. Scarpinato v. State of Indiana (NFP)

Criminal. Affirms denial of good-time credit for pretrial incarceration.

Mary (McNutt) Tuite v. Mark McNutt (NFP)
Domestic relation. Affirms court’s valuation of the Chevrolet HHR and reverses portion of the court’s order and remands with instructions that it issue a new order that accounts for the gross and net rental income from the rental property in the marital estate.

In the Matter of the Termination of the Parent-Child Relationship of: B.A., Minor Child, and A.A., Father v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Karachi Warren v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felonies robbery and criminal confinement. Remands for the court to apply 207 days of credit time to Warren’s sentence.

Mack A. Jake v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony battery on a law enforcement officer.

Sophia L. Masters v. Ryan E. Masters (NFP)
Domestic relation. Dismisses Sophia Masters’ appeal of the grant of Ryan Masters’ petition for a temporary order restraining her from moving the parties’ children out of state.

Karla J. Shafer v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance.

Michael D. Dague v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony battery.

In Re the Paternity of T.T.: L.H. v. L.T. and D.N. (NFP)
Domestic relation. Affirms order granting the petition to modify custody of T.T. filed by father D.N.

Keisha Hollis, on behalf of herself and all others similarly situated v. Defender Security Company d/b/a Defender Direct (NFP)
Civil plenary. Affirms order dismissing Hollis’ action against Defender Security Co.