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Opinions May 27, 2015

May 27, 2015

Indiana Court of Appeals
Tommy Lampley v. State of Indiana
48A04-1405-CR-231
Criminal. Affirms revocation of probation. Lampley admitted to participating in unlawful conduct during his probationary period.

Lamont Wilford v. State of Indiana
49A02-1408-CR-534
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without being licensed. The trial court did not abuse its discretion when it admitted a handgun and photographs of the gun found in the car Wilford was driving, which was impounded for being unsafe.

Kathy L. Siner, Personal Representative of the Estate of Geraldine A. Siner, Deceased, and John T. Siner, prior Enduring Power of Attorney and Medical Representative of the Deceased v. Kindred Hospital Limited Partnership, et al.
49A05-1404-CT-165
Civil tort. Affirms summary judgment in favor of Dr. Mohammed Majid on the Siners’ medical malpractice suit with regards as to whether defendants’ allegedly negligent conduct proximately caused injury to Geraldine Siner. Reverses summary judgment with regards to Kindred. An affidavit from an expert of the Siners creates a material issue of fact. Judge Kirsch affirms in part and reverses in part with opinion.

Nickole Nichols v. State of Indiana
49A04-1408-CR-386
Criminal. Affirms conviction of Class A misdemeanor prostitution and denial of Trial Rule 41(B) motion to dismiss. Finds because the undercover detective presented Nichols with a mere opportunity to commit prostitution, but did not otherwise induce the offense, there was no entrapment.

Somchanh Amphonephong v. State of Indiana
02A03-1402-CR-88
Criminal. Affirms conviction of Class C felony child molesting and the trial court’s grant of Amphonephong’s motion to file a belated notice of appeal. Finds sufficient evidence to support his conviction.

Sophia L. Masters v. Ryan E. Masters (mem. dec.)
30A04-1410-DR-488
Domestic relation. Affirms modification of physical custody of the parties’ two children to Ryan Masters.

Shellie S. Gryniewicz f/k/a Shellie S. Shih v. Daniel Shih (mem. dec.)
45A03-1412-DR-437
Domestic relation. Affirms order setting father’s child support obligation at $109 per week and ordering mother to pay the guardian ad litem fees and a portion of father’s attorney fees.

In the Matter of the Term. of the Parent-Child Relationship of: P.N., A.N. v. Ind. Dept. of Child Services (mem. dec.)
02A03-1412-JT-454
Juvenile. Affirms termination of parental rights.

Darrel Warren v. State of Indiana (mem. dec.)
49A02-1409-CR-597
Criminal. Reverses conviction for Class A misdemeanor carrying a handgun without a license.

J. Richard Presser, Rachel E. Presser, Kevin Kelley, Richard Sanderson, Rosemary Sanderson, Thomas Reis and Mary Reis v. North Indiana Annual Conference of the United Methodist Church, et al. (mem. dec.)
43A04-1405-CP-215
Civil plenary. Affirms judgment that the easement at issue in the 1994 judgment determining property rights relating to a plat of land and an easement located on the plat was an appurtenant easement.

Dominic Lowe v. State of Indiana (mem. dec.)
84A05-1412-CR-566
Criminal. Affirms sentence following guilty plea to Level 5 felony battery against a public safety officer and admitted he was a habitual offender.

Dominique Hamler v. State of Indiana (mem. dec.)
49A02-1407-CR-452
Criminal. Affirms convictions and sentence for murder, Class A felony attempted murder, and Class B felonies robbery and criminal confinement.
 

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