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Opinions Feb. 9, 2015

February 9, 2015

Indiana Court of Appeals
Shane L. Keller v. State of Indiana
88A04-1404-CR-168
Criminal. Affirms in part, reverses in part and remands the 50-year aggregate sentence for convictions of two counts of Class B felony burglary, one count of Class C felony burglary, three counts of Class D felony theft, two counts of Class D felony receiving stolen property, and enhancement for habitual offender. Remands with instructions to vacate two receiving stolen property convictions and the sentences for them because they violate the prohibition against double jeopardy with respect to the theft convictions.

In Re: The Marriage of: Meleeka Clary-Ghosh v. Michael Ghosh
29A04-1406-DR-275
Domestic relation. Affirms trial court’s modification of parenting time and child support; the award of attorney fees to Michael Ghosh as a sanction for contempt; and the denial of Clary-Ghosh’s request for appointment of a parenting time coordinator. The trial court did not abuse its discretion in modifying Clary-Ghosh’s parenting time in imputing income to her in calculating child support. The trial court did not abuse its discretion when it ordered her to pay a portion of Ghosh’s attorney fees because of her contempt, and no reversible error was established in the trial court’s denial of Clary-Ghosh’s request for a parenting time coordinator.

Jamie Thomson v. Saint Joseph Regional Medical Center and Michael Borkowski, M.D.
71A04-1405-CT-246
Civil tort, medical malpractice. Reverses grant of summary judgment in favor of defendants and remands for further proceedings. Expert testimony Thompson presented was sufficient to rebut a medical review panel’s determination that neither defendants failed to meet the applicable standard of care and that neither defendants’ actions were the proximate cause of Thompson’s injury.

Paul D. Stucker v. State of Indiana (mem. dec.)
46A05-1403-CR-117
Criminal. Affirms conviction and 45-year sentence for murder.

Michael L. Turner v. Jennifer D. Pence (mem. dec.)
90A05-1409-DR-447
Domestic relation. Affirms denial of Turner’s motion to hold Pence in contempt.

In the Matter of: S.E. (Minor Child), a Child in Need of Services, and L.E. (Father) v. Indiana Department of Child Services (mem. dec.)
29A02-1406-JC-416
Juvenile. Affirms order finding S.E. to be a child in need of services.

Stephen Perry v. State of Indiana (mem. dec.)
29A04-1406-CR-291
Criminal. Affirms conviction of Class A felony conspiracy to commit murder.

Neil A. Clements v. State of Indiana (mem. dec.)
18A04-1406-CR-268
Criminal. Affirms revocation of commitment to community corrections order to serve previously suspended sentence for conviction of Class C felony nonsupport of a dependent.

Shaun Terrell Balkcom v. State of Indiana (mem. dec.)
71A03-1407-CR-254
Criminal. Affirms convictions of Class A felony and Class C felony charges of child molesting.

Justin Mullins v. State of Indiana (mem. dec.)
48A04-1403-CR-115
Criminal. Affirms revocation of probation.
 

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