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Opinions Feb. 13, 2015

February 13, 2015
KEYWORDS Opinions / neglect

Indiana Court of Appeals
Kevin A. Mathews v. State of Indiana
73A04-1406-CR-288
Criminal. Affirms conviction of Class B felony robbery. Finds Mathews waived his right to a face-to-face confrontation with the victim by failing to attend her deposition. Her deposition, conducted through Skype, was given under oath and transcribed by a court reporter.

David Wise v. State of Indiana
49A02-1406-CR-408
Criminal. Affirms convictions of Class B felonies rape and five counts of criminal deviate conduct. The trial court did not abuse its discretion when it admitted into evidence the re-recordings of videos M.B. found on Wise’s cellphone. The court also did not abuse its discretion when it did not permit Wise to obtain pretrial or trial testimony from M.B. concerning any extramarital sexual conduct.

Karan L. Gilday, and James K. Gilday v. Jeanine L. Motsay, and Edward W. Ochoa
49A04-1407-CT-323
Civil tort. Affirms judgment of $7,622.14 against Motsay for the Gildays in their lawsuit seeking costs of vehicle repair, rental fees and other fees after a car accident. The trial court did not err in declining to award the Gildays damages, including property damage, repair, and pre-judgment interest. Declines to entertain the Gildays’ allegation that the court erred because it did not rule on their motion to compel because they failed to make a cogent argument.

Julie Bickford v. State of Indiana
62A01-1409-CR-389
Criminal. Affirms as part of sentencing order that Bickford pay restitution for costs associated with a rescue organization’s care for the three horses Bickford pleaded guilty to mistreating. While the animal cruelty statute would not support the order of restitution, the general statute on restitution does.

Brian Beckerman v. Nimu Surtani, M.D., and Central Indiana Orthopedics, P.C.

48A02-1407-PL-527
Civil plenary. Affirms judgment for the defendants on Beckerman’s motion for reimbursement of expert witness fees pursuant to Ind. T.R. 26(B)(4). Dr. Surtani was not required to pay more than $2,000 of a deposition fee charged by Beckerman’s expert.

Tracey M. Jaffri v. JP Morgan Chase Bank, N.A.
32A01-1405-MF-236
Mortgage foreclosure. Affirms dismissal of Jaffri’s counterclaims against Chase filed in response to the bank’s mortgage foreclosure action. None of her counterclaims stated any actionable claim.

In the Matter of the Termination of the Parent-Child Relationship of: J.M., N.H. & N.M. (Minor Children), N.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
02A05-1407-JT-305
Juvenile. Affirms order terminating father’s parental rights.

John D. Jenkins Revocable Living Trust, John D. Jenkins, Trustee v. Peru Utility Service Board, City of Peru and Peru Common CounciL (mem. dec.)
52A01-1409-PL-387
Civil plenary. Affirms judgment in favor of Peru defendants on the trust’s trespass claim.

Iquise Taylor v. State of Indiana (mem. dec.)

48A04-1406-CR-254
Criminal. Finds Taylor waived his right to appeal his sentence in his plea agreement.

Randall J. Herzog v. Judy K. Herzog (mem. dec.)
19A01-1407-DR-318
Domestic relation. Affirms division of marital assets but reverses on the issue of Randall Herzog’s child support obligation. Remands for further proceedings.

Tamika Williams v. State of Indiana (mem. dec.)
49A02-1407-CR-490
Criminal. Affirms convictions of four counts of Class D felony neglect of a dependent.
 
Jonalyn Miller (formely Beckham) v. Roger Beckham Jr. (mem. dec.)
60A01-1408-DR-360
Domestic relation. Affirms order granting Beckham primary physical custody of the parties’ son.

Robert Ledbetter, Jr. v. State of Indiana (mem. dec.)

02A03-1406-CR-197
Criminal. Affirms conviction of Class D felony theft.

Jamie Lykins v. State of Indiana (mem. dec.)
88A04-1408-CR-387
Criminal. Affirms 50-year aggregate sentence for Class A felonies battery resulting in death and neglect of a dependent resulting in death.

Kenneth S. Marshall v. State of Indiana (mem. dec.)

39A01-1405-CR-204
Criminal. Affirms sentence for Class B felony burglary and status as a habitual offender.

Jeannie M. Hess v. State of Indiana (mem. dec.)
10A05-1407-CR-317
Criminal. Affirms adjudication as a habitual offender.

In the Matter of the Termination of the Parent-Child Relationship of B.M., T.B. v. Indiana Department of Child Services (mem. dec.)

49A04-1407-JT-328
Juvenile. Affirms termination of mother’s parental rights.

Michael James Beasley v. State of Indiana (mem. dec.)

45A03-1407-CR-251
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

In the Matter of the Termination of the Parent-Child Relationship of: I.B., B.B., and W.B. and M.T. v. The Indiana Department of Child Services (mem. dec.)

18A02-1406-JT-446
Juvenile. Affirms termination of mother’s parental rights.

Ricky Duff v. State of Indiana (mem. dec.)

89A01-1408-CR-356
Criminal. Affirms aggregate 35-year sentence for various drug and firearm convictions.

Robert Middleton v. Paula Pyatte (mem. dec.)

32A01-1410-DR-431
Domestic relation. Affirms order holding Middleton in contempt and remands with instructions to determine Pyatte’s appellate attorney fees.

In the Matter of X.M. and D.M., Minor Children, Children Alledged to be in Need of Services, S.B. v. Indiana Department of Child Services (mem. dec.)
47A01-1409-JC-415
Juvenile. Affirms determination children are children in need of services.

Dallarius T. Jackson v. State of Indiana (mem. dec.)

82A04-1406-CR-281
Criminal. Affirms revocation of probation.

William L. Holt v. State of Indiana (mem. dec.)

11A01-1406-CR-269
Criminal. Affirms conviction of Class C felony battery and vacates Holt's Class A misdemeanor domestic battery conviction due to double jeopardy violations.

Amanda Biggs v. State of Indiana (mem. dec.)

53A05-1406-CR-295
Criminal. Affirms six-year sentence for Class C felony robbery and Class C felony forgery.

 

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