Opinions March 6, 2015

March 6, 2015

Indiana Court of Appeals
John Norris v. State of Indiana
Criminal. Remands to the trial court to reduce the sentence following a guilty plea to Class B felony dealing in a controlled substance from 20 years executed to 12 years with eight years executed. The panel concluded the sentence was excessive in light of the offense of selling 10 hyrdocodone pills for a total of $60.

Demand Johnson v. State of Indiana

Criminal. Remands to the trial court an order that Johnson pay $340 for probation fees, because the court failed to conduct an indigency hearing in conjunction with his sentence for convictions of Class A misdemeanor carrying a handgun without a license and Class C misdemeanor possession of alcohol as a minor. Because Johnson’s probation was revoked after five months, the fees also should reflect actual time served on probation. The trial court will conduct an indigency hearing on the completion of Johnson’s sentence and recalculate the amount of probation fees owed, if any.  

Allstate Insurance Company as Subrogee of Elaine Weiman v. Cleve W. Hatfield, and Michael W. Hatfield (mem. dec.)
Civil tort. Reverses denial of Allstate’s motion to strike and motion for summary judgment, and remands for proceedings. The trial court erred by allowing Cleve Hatfield’s response to Allstate’s motion for summary judgment to be filed after the 30-day period allowed under Trial Rule 56(C). The reply should have been stricken, which then would have required summary judgment in favor of Allstate.

Juan Lucio v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of post-conviction relief from convictions of two counts of murder and on count of conspiracy to commit murder.

Darius T. Fisher v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony aiding robbery and Class D felony receiving stolen property.

Marshall Barnes-Bey v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to correct erroneous sentence.

Derek Core v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class C felony robbery.

In re the Termination of the Parent_Child Relationship of: S.H., A Child in Need of Services, M.H. v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms trial court’s termination of M.H’s parental rights.