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Opinions Feb. 27, 2015

February 27, 2015

Indiana Court of Appeals
Tyrone Shelton v. State of Indiana
71A03-1408-CR-309
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana, Class C felony possession of cocaine, and Class D felony possession of a Schedule I controlled substance. The anonymous tip exhibited sufficient indicia of reliability to create reasonable suspicion for the search in accordance with the Fourth Amendment.

Mary Ann Crider v. Robert Crider
34A02-1403-DR-210
Domestic relation. Reverses division of marital property. The trial court erred by including a Florida property and by excluding an IRS debt in its calculation and distribution of the marital estate. Remands for further proceedings.

State of Indiana v. John J. Arnold
22A05-1408-CR-387
Criminal. Affirms the trial court’s decision to vacate Arnold’s habitual offender enhancement; reverses its decision to keep the remainder of the plea agreement intact; and remands with instructions to vacate the plea agreement and its resulting convictions, and for further proceedings. The habitual offender enhancement cannot be eliminated without frustrating the basic purpose of the plea agreement.

Myron D. Killebrew v. State of Indiana (mem. dec.)
34A05-1407-CR-318
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy and admission of certain photographs into evidence.

In Re: The Adoption of B.J.P., Minor Child, B.W. and J.P. v. N.C. and K.C. (mem. dec.)
64A03-1409-AD-329
Adoption. Affirms denial of mother’s motion to withdraw her consent to the adoption of her child.

Carl Louis Moore, Jr. v. State of Indiana (mem. dec.)
16A01-1408-CR-353
Criminal. Affirms aggregate 12-year sentence for Class C felonies robbery and attempted robbery.

Colleen Chaplin v. State of Indiana (mem. dec.)
64A03-1408-CR-276
Criminal. Reverses restitution order following conviction of Class D felony theft and remands for further proceedings.

Kenneth L. Kemp, Jr. v. State of Indiana (mem. dec.)
48A02-1404-CR-254
Criminal. Affirms convictions of two counts of Class D felony dealing in marijuana and one count of Class D felony maintaining a common nuisance.

In re The Support of J.B.W. and M.A.W., A.A.W. v. A.D.P. (mem. dec.)
89A01-1409-JP-403
Juvenile. Affirms order granting mother permission to relocate the parties’ two minor children to New York.

Joseph Singleton v. State of Indiana (mem. dec.)
32A01-1407-CR-323
Criminal. Affirms convictions of Class A felony child molesting and Class C felony attempted child molesting but revises Singleton’s sentence to 20 years.

In re the Estate of Joyce Hunter ; Jeffrey Barnes v. Dawn Renee Hunter, and Regina McKinney (mem. dec.)
08A02-1404-ES-273
Estate, supervised. Affirms trial court’s refusal to admit to probate a holographic codicil allegedly executed on Oct. 7, 2012.

Stan Kruse v. DeKalb County Plan Commission (mem. dec.)
17A03-1406-PL-227
Civil plenary. Affirms summary judgment in favor of the commission regarding its request for an injunction against Kruse, who had violated certain zoning ordinances.

In the Matter of the Termination of the Parent-Child Relationship of: D.C., G.C. & S.C., Minor Children, A.C., Mother and D.C., Father v. The Indiana Department of Child Services (mem. dec.)
90A02-1408-JT-599
Juvenile. Affirms involuntary termination of parental rights.

 

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