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Opinions April 28, 2015

April 28, 2015

Indiana Court of Appeals
Dawn Warrick and Nathan Parrish v. Steve and Mitzi Stewart
92A03-1407-CC-257
Civil collection. Affirms grant of Steve Stewart’s motion to set aside the jury’s verdict and orders a new trial on his negligence claim against the Parrishes. The trial court did not abuse its discretion when it weighed the evidence presented regarding Stewart’s speed and concluding he was not speeding. There was also ample evidence represented that the Warricks negligently failed to restrain the dog that Stewart hit, which caused his accident.

In The Matter of The Adoption of: K.M.; B.M. v. J.R. and M.R.
26A01-1407-AD-294
Adoption. Affirms order granting stepmother M.R.’s verified petition for adoption. The mother failed to timely file a motion to object to the petition within the statute’s 30-day timeframe, so she was not denied due process. I.C. 31-19-9-18 is a nonclaim statute and mother is not entitled to equitable deviation from the 30-day time limit.

Zachary L. Lewis v. State of Indiana

35A05-1410-CR-496
Criminal. Affirms convictions for two counts of battery – one as a Level 6 felony and one as a Class A misdemeanor. Lewis’ offenses do not constitute an episode of criminal conduct and there was not abuse of discretion when sentencing him.

In Re Adoption of K.P. et al., D.M. v. C.P. (mem. dec.)
49A02-1410-AD-707
Adoption. Affirms order denying adoption petition, reverses custody order in favor of father, and remands for a custody hearing.

L.C. v. State of Indiana (mem. dec.)
49A02-1410-JV-708
Juvenile. Affirms adjudication as a delinquent for committing what would be Class A misdemeanor possession of marijuana if committed by an adult.

Chad Byrd v. State of Indiana (mem. dec.)
54A05-1409-PC-448
Post conviction. Affirms denial of petition for post-conviction relief.

Jennifer L. Buchanan v. State of Indiana (mem. dec.)
70A04-1501-CR-25
Criminal. Affirms eight-year sentence following guilty plea to Class C felony possession of a controlled substance.

In re the Guardianship of M.M., et al; Melissa Miller v. FaithAnn Breden and Richard Breden (mem. dec.)
20A05-1409-GU-441
Guardianship. Affirms temporary change of custody order removing J.M. from mother’s custody and placing the child with the Bredens.

Marlon M. Banks v. State of Indiana (mem. dec)
20A04-1403-PC-102
Post conviction. Affirms denial of petition for post-conviction relief.

Jonathan G. McPherson v. State of Indiana (mem. dec.)
20A04-1409-CR-428
Criminal. Remands for the trial court to run McPherson’s sentence for unlawful possession of a firearm by a serious violent felon concurrently with the habitual offender enhancement. McPherson’s new sentence will be 75 years.

Terrence Jamual Douglass v. State of Indiana (mem. dec.)
18A02-1410-CR-726
Criminal. Affirms convictions and sentence for Class B felonies armed robbery, criminal confinement and possession of a firearm by a serious violent felon.

In the Matter of the Termination of the Parent-Child Relationship of M.F., Mother, and L.T.F., Child; M.F., v. Indiana Department of Child Services (mem. dec.)
37A04-1410-JT-496
Juvenile. Affirms termination of parental rights.

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