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Opinions May 11, 2015

May 11, 2015

Indiana Court of Appeals
Mary K. Davis v. State of Indiana
20A03-1411-PC-408
Post conviction. Reverses denial of petition for post-conviction relief. Orders Davis immediately released pending resolution of this appeal. The post-conviction court’s findings and conclusions were contrary to law. The state’s notice of violation was filed on the day Davis’ probation ended such that there was no period of probation to be tolled, which means the trial court could not continue her terms of probation pursuant to Ind. Code § 35-38-2-3(c).

T.S. v. State of Indiana
49A02-1410-JV-739
Juvenile. Affirms true findings T.S. committed what would be Class B felony robbery and Class A misdemeanor carrying a handgun without a license if committed by an adult. Finds that judicial estoppel does not apply to juvenile-delinquency proceedings for the same reasons that it does not apply to criminal proceedings.

Jennifer L. Barwick v. Joseph A. Ceruti
02A05-1407-DR-350
Domestic relation. Affirms Indiana court’s decision that it has jurisdiction – and not Canada – over a child custody dispute between Indiana resident father and Canadian mother, who conceived child in Indiana. Mother consented to the Indiana court having jurisdiction over the matter before she gave birth.

Senad Keserovic and M1 Transport, LLC v. Set Transport, LLC (mem. dec.)
02A04-1410-CC-498
Civil collection. Affirms denial of Keserovic’s and M1 Transport’s motion to set aside default judgment and request for relief from judgment.

Terry Lee McCollum v. State of Indiana (mem. dec.)
79A05-1409-CR-430
Criminal. Affirms denial of motion to withdraw guilty plea to Class D felony possession of methamphetamine and Class C felony battery by means of a deadly weapon.
 
Donald Frazier v. State of Indiana (mem. dec.)
75A04-1408-CR-388
Criminal. Affirms convictions and sentence for Class D felony operating while intoxicated and Class A misdemeanor possession of paraphernalia.

Paul B. Deignan v. Shawn E. Deignan (mem. dec.)
79A02-1407-DR-515
Domestic relation. Reverses father’s denial of petition to modify child support filed after he lost his job. Remands to the trial court with instructions to enter a modified child support order based upon his actual income of $34,000.

Bruce Jackson v. State of Indiana (mem. dec.)
49A02-1410-CR-698
Criminal. Affirms convictions of two counts of Class D felony intimidation and reverses count of Class A misdemeanor possession of paraphernalia.

Harlan T. Praul v. State of Indiana (mem. dec.)
71A03-1412-CR-422
Criminal. Affirms sentence following guilty plea to murder.

Joshua Wayne Holliman v. State of Indiana (mem. dec.)
86A03-1404-PC-138
Post conviction. Affirms denial of petition for post-conviction relief.
 
 

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