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Opinions Feb. 3, 2015

February 3, 2015

Indiana Court of Appeals
Nick Hunckler v. Air Sorce-1, Inc., Timothy Miller and Kelly A. Brannen
84A01-1405-CT-217
Civil tort. Reverses summary judgment in favor of the defendants on Hunckler’s personal injury claim. There are material issues of fact that exist and therefore preclude any grant of summary judgment that determined Miller was not liable by virtue of his position as an officer of the corporation as that would be erroneous. Remands for further proceedings. Judge Robb concurs in result with opinion.

Antonio Garcia v. State of Indiana
49A05-1402-CR-61
Criminal. Reverses conviction of Class D felony possession of a schedule II controlled substance. Finds the search of a container discovered in Garcia’s pants during a search incident to an arrest was unreasonable under the Indiana Constitution, so the pill was inadmissible.

Dustin McFadden v. State of Indiana
39A01-1404-CR-162
Criminal. Reverses conviction of Class B felony criminal confinement based on insufficient evidence. Orders a previously dismissed conviction of Class C felony battery resulting in serious bodily injury be reinstated because there are no more double jeopardy concerns. Remands for resentencing.

R.B. v. K.S.
48A05-1406-DR-275
Domestic relation. Affirms order granting father legal custody of the children and order that parenting time be equally shared with the mother, as well as that father is to pay mother child support in the amount of $876 a week. The amount of child support was determined in accordance with the Indiana Child Support guidelines and there are no other errors. Declines to award mother appellate attorney fees.

Chris Schumacher v. Theresa Martin-Schumacher (mem. dec.)
88A01-1407-MI-285
Miscellaneous. Affirms order declaring the Schumachers were not married as a result of their wedding ceremony and they both have the status of single persons.

Andrew Wedge v. State of Indiana (mem. dec.)
82A01-1403-CR-143
Criminal. Affirms conviction of Class B felony manufacture of methamphetamine.

Mark A. Kimmel v. State of Indiana (mem. dec.)
51A05-1407-CR-351
Criminal. Affirms Class D felony theft conviction.

In the Matter of the Termination of the Parent-Child Relationship of: A.W. (Minor Child) and A.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
50A03-1406-JT-221
Juvenile. Affirms involuntary termination of parental rights.

In Re: the Paternity of D.Y.E., M.D. (Father) v. A.G. (Mother) (mem. dec.)
64A03-1408-JP-289
Juvenile. Affirms order imposing a short period of supervised parenting time before father could exercise parenting time pursuant to the Indiana Parenting Time Guidelines.

Fabian Gomez v. State of Indiana (mem. dec.)
45A03-1405-PC-145
Post conviction. Affirms denial of petition for post-conviction relief.

Travis J. Monroe v. State of Indiana (mem. dec.)
03A04-1408-CR-368
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Everett Harry Koonce, Jr. v. State of Indiana (mem. dec.)
45A03-1405-CR-184
Criminal. Affirms sentence for Class C felony attempted battery by means of a deadly weapon.

Julie Wright v. State of Indiana (mem. dec.)
49A02-1406-CR-392
Criminal. Affirms conviction of Class A misdemeanor conversion.

In the Matter of the Termination of the Parent-Child Relationship of: T.P., K.P., and D.P., minor children, and D.S., Mother, and B.P., Father v. The Indiana Department of Child Services (mem. dec.)

53A01-1408-JT-337
Juvenile. Affirms termination of parental rights.
 

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