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Opinions Feb. 4, 2015

February 4, 2015

Indiana Court of Appeals
Loren H. Fry v. State of Indiana
09A05-1404-CR-178
Criminal. Affirms felony murder conviction. Concludes the state properly corroborated the hearsay evidence it submitted in support of its request for a search warrant for Fry’s home, circumstantial evidence supports his conviction, there was no prosecutorial misconduct or an error by the court in denying his jury instruction on mere presence.

Chad A. Madden v. State of Indiana
39A01-1404-CR-173
Criminal. Affirms denial of motion to correct error, which claimed that the trial court had improperly delegated to the community corrections program the authority to decide whether Madden should be subject to electronic monitoring. The court’s order modifying his sentence and imposing conditions of probation did not improperly delegate its authority to community corrections nor did the court’s order deprive Madden of procedural due process. Judge Riley dissents with opinion.

Community Anesthesia & Pain Treatment, LLC, v. St. Mary Medical Center, Inc.
45A03-1401-PL-44
Civil plenary. Affirms summary judgment in favor of St. Mary Medical Center with respect to count I of its complaint alleging breach of contract and counts II and III, breach of contract claims, of Community’s counterclaim. The trial court correctly determined the contract between the two parties contained a provision that provided for four types of reconciliation – monthly, quarterly, annual and final. The designated evidence does not demonstrate a question of fact as to whether costs were incurred as the result of SMMC’s request for removal of Dr. G.

George Layton v. State of Indiana (mem. dec.)
58A05-1406-CR-292
Criminal. Affirms sentence following guilty plea to one count of Class B felony conspiracy to commit dealing methamphetamine.

Glenn Beard v. State of Indiana (mem. dec.)
49A05-1312-CR-618
Criminal. Affirms felony murder conviction.

Jason E. Morales v. State of Indiana (mem. dec.)
82A01-1405-PC-206
Post conviction. Affirms denial of petition for post-conviction relief.

Elwin Hart v. State of Indiana (mem. dec.)
49A05-1406-PC-273
Post conviction. Affirms denial of petition for post-conviction relief.

Jerome Sumlin v. State of Indiana (mem. dec.)
49A02-1406-CR-434
Criminal. Affirms convictions and sentence for Class B felonies conspiracy to commit dealing in a narcotic drug, dealing in a narcotic drug and possession of a firearm by a serious violent felon.


 

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