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Opinions March 19, 2015

March 19, 2015

Indiana Court of Appeals
Indiana Alcohol and Tobacco Commission v. Lebamoff Enterprises, Inc.
49A02-1408-MI-529
Miscellaneous. Reinstates and affirms the ATC’s final order sanctioning Lebamoff Enterprises for using a common carrier to deliver alcohol to customers. ATC’s interpretation of the relevant statutory authority was reasonable and its order did not reflect an improper attempt to create an agency rule, but rather was a proper exercise of the ATC’s adjudicatory function. Remands with instructions.

Johnny Gomillia v. State of Indiana
49A02-1408-CR-572
Criminal. Reverses conviction of Class D felony attempted obstruction of justice. The state did not establish that Gomillia knew the statements were false when he made them.

Cody Rutledge v. State of Indiana
85A04-1407-CR-330
Criminal. Affirms convictions of Class D felony operating a vehicle while intoxicated and Class A misdemeanor driving while suspended, as well as Rutledge’s status as a habitual substance offender. The trial court did not abuse its discretion in overruling Rutledge’s objections, based upon the Fourth Amendment of the U.S. Constitution or Article 1, Section 11 of the Indiana Constitution, to the admission of evidence obtained after the encounter with the sheriff’s deputy.

Parviz Jahangirizadeh v. Fatemeh Pazouki
29A02-1408-DR-530
Domestic relation. Affirms denial of Jahangirizadeh’s motion to set aside the final decree dissolving his marriage. The trial court properly refused to set aside the decree based on T.R. 60(B)(3)’s time limit, and the court was not required to give him an opportunity to amend his motion to set aside.

Agnes E. Ande v. State of Indiana (mem. dec.)
15A04-1409-CR-452
Criminal. Affirms denial of Ande’s motion to withdraw her guilty plea and affirms sentence following guilty plea to Class A felony dealing in a schedule II controlled substance.

In re Paternity of D.A. and A.A.: Scott Christopher Adkins v. Mendi Marie McQueen (mem. dec.)
30A04-1407-JP-303
Juvenile. Reverses order establishing father’s parenting time and that he pay $128.40 per child per week. Remands with instructions.

Robert P. Stoppenhagen v. State of Indiana (mem. dec.)

76A04-1408-CR-374
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Javon Crockett-Berry v. State of Indiana (mem. dec.)

71A03-1407-PC-242
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony Henderson v. State of Indiana (mem. dec.)
48A02-1405-CR-370
Criminal. Affirms sentence following guilty plea to Class B felony possession of a narcotic drug, Class B felony possession of cocaine, Class D felony maintaining a common nuisance, and Class A misdemeanor dealing in marijuana.

In Re: the Marriage of: Shawn Lucas v. Ashley Lucas (mem. dec.)
70A01-1408-DR-332
Domestic relation. Affirms modification of custody in favor of Ashley Lucas and denial of Shawn Lucas’ motion to correct error.

Arturo Estrada-Medina v. State of Indiana (mem. dec.)
49A04-1409-CR-409
Criminal. Reverses conviction of Class D felony criminal confinement and orders it vacated due to double jeopardy concerns.

Washawn Jones v. State of Indiana (mem. dec.)
49A02-1408-CR-580
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Jamie Rice v. State of Indiana (mem. dec.)
71A03-1407-CR-265
Criminal. Affirms conviction of Class D felony theft.
 

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