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Opinions Jan. 15, 2014

January 15, 2015

Indiana Court of Appeals
David Paul Brown v. State of Indiana
32A01-1405-CR-194
Criminal. Affirms conviction of Class D felony theft. Finds trial counsel was not ineffective for failing to object to a portion of Brown’s videotaped interview with a detective as hearsay and for not tendering a jury instruction on criminal conversion as a lesser-included offense.

Corey Phelps v. State of Indiana

49A02-1401-CR-30
Criminal. Reverses and remands with instructions to correct the order of judgment of conviction and vacate Phelps’ eight-year sentence for Class C felony possession of cocaine and sentence him to six years executed in the Department of Correction. The trial court abused its discretion in sentencing Phelps, and the court’s stated disagreement with the jury’s not-guilty verdict concerning a greater offense renders the trial court’s maximum sentence a suspect enhancement.

Walgreen Co. v. Abigail E. Hinchy
49A02-1311-CT-950
Civil tort. On rehearing, addresses several of Walgreen Co.’s claims of error in original opinion that held Hinchy had a viable claim of negligence/professional malpractice against Walgreen. Finds she raised that claim directly against the company and rejects Walgreen’s other claims. Affirms original decision in all respects.

Karen E. Fielder v. Brandon E. Fielder (NFP)
49A04-1405-DR-216
Domestic relation. Affirms value of retirement accounts. Remands for a more specific order showing how the marital estate was valued.

Travis Lunsford v. State of Indiana (NFP)
27A04-1403-CR-143
Criminal. Affirms convictions of Class D felonies operating a motor vehicle while privileges are suspended and resisting law enforcement, and Class B misdemeanor failure to stop after an accident resulting in non-vehicle damage.

Sean Patrick Hogan v. State of Indiana (NFP)
02A05-1404-CR-179
Criminal. Affirms convictions of four counts each of Class A felony child molesting and Class C felony child molesting, and one count of Class D felony dissemination of matter harmful to minors.

Angelo P. Dove v. State of Indiana (NFP)
45A03-1311-PC-460
Post conviction. Affirms denial of petition for post-conviction relief.

Jarrez Hughley v. State of Indiana (NFP)
49A02-1406-CR-395
Criminal. Affirms conviction of Class A misdemeanor trespass.

Leeshawn Rodgers v. State of Indiana (NFP)
20A03-1405-CR-175
Criminal. Affirms 60-year sentence for murder but reverses restitution order that Rodgers pay funeral bills. Remands for further proceedings.
 

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