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Opinions Feb. 25, 2015

February 25, 2015
KEYWORDS Opinions / neglect

Indiana Court of Appeals
Gordon L. Peak, Jr. v. State of Indiana
27A04-1406-CR-260
Criminal. Affirms conviction of Class D felony possession of marijuana in excess of 30 grams. Trial counsel was not deficient for failing to file a motion to suppress the marijuana or for not objecting at trial to the admission of it on the grounds the traffic stop was illegal.

David B. Cartwright v. State of Indiana
65A01-1404-CR-170
Criminal. Reverses convictions related to manufacture of methamphetamine. The probable cause affidavit failed to establish the confidential informant’s credibility and the good-faith exception is not applicable. Judge John Baker dissents.

In the Matter of: E.W. (Minor Child), Child in Need of Services, J.W. (Mother) v. The Indiana Department of Child Services
40A04-1407-JC-349
Juvenile. Affirms order terminating mother’s visits and phone contact with her child, E.W. The evidence supports the juvenile court’s conclusion that cessation of the visits would be in the child’s best interest.

Robert L. Holleman v. Ind. Dept. of Correction, Bruce Lemmon, as Commissioner of the Ind. Dept. of Correction, and Bob Bugher, as Chief Counsel for the Ind. Dept. of Correction
49A04-1409-PL-443
Domestic relation. Reverses the grant of the department’s motion to dismiss as it pertains to Holleman’s claims for civil penalties and court costs after the Department of Correction failed to provide the public records he requested until six months after the initial request. Affirms the grant of the department’s motion to dismiss as it pertains to whether the DOC produced all of the documents or information in its possession that is responsive to Holleman’s request. Remands for further proceedings.

Rachel Staggs v. Corena Buxbaum (mem. dec.)
47A01-1406-PL-254
Civil plenary. Affirms finding against Staggs on a claim of fraudulent misrepresentation. Remands with instructions to reconsider and recalculate the damages.

Michael C. Feldhake v. Meryle Feldhake (mem. dec.)
49A04-1405-DR-250
Domestic relation. Affirms judgment of the trial court regarding the value of certain assets but remands for the limited purpose of allowing the court to address matters of payment pursuant to the provisional agreement and joint tax liability.

John Deckard v. State of Indiana (mem. dec.)

53A01-1405-PC-222
Post conviction. Affirms denial of petition for post-conviction relief.

Clay Howard v. State of Indiana (mem. dec.)
48A02-1406-CR-384
Criminal. Affirms murder conviction.
 

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