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Opinions May 28, 2015

May 28, 2015

Indiana Court of Appeals
Terry Huber v. Roger Hamilton
54A01-1404-PL-154
Civil plenary. Affirms trial court ruling that the buyer of land, Terry Huber, breached the land contract when he failed to make the balloon payment when it was originally due. The oral agreement between the parties to modify the written land contract is unenforceable because it was not reduced to writing.

John R. Myers II v. State of Indiana
55A05-1312-PC-608
Post conviction. Affirms denial of petition for post-conviction relief. Myers did not prove he received ineffective assistance of trial counsel, his due process rights were violated or that he is entitled to relief due to prosecutorial misconduct.

Tony Hatchett v. State of Indiana
49A02-1408-CR-561
Criminal. Reverses one of Hatchett’s two convictions for Class D felony invasion of privacy due to double jeopardy concerns. Finds the trial court did not improperly instruct the jury on the law regarding the invasion of privacy. Remands with instructions to vacate one of the convictions for Class A misdemeanor invasion of privacy as well as its enhancement to a Class D felony.

In the Matter of the Termination of the Parent-Child Relationship of D.S. (Minor Child), and B.T. (Mother) v. The Indiana Department of Child Services and Court Appointed Special Advocate (mem. dec.)

47A01-1405-JT-230
Juvenile. Affirms termination of parental rights.
 
In the Matter of the Paternity of B.K. and L.K., Kathryn D. McCallaham v. Joy X. Khotxay (mem. dec.)
49A04-1407-JP-345
Juvenile. Affirms order modifying custody to grant sole physical custody to father and ordering parents to share joint legal custody.

S.M. v. Indiana University Health, Bloomington Hospital and Centerstone (mem. dec.)
53A01-1409-MH-417
Mental health. Affirms order involuntarily committing S.M. to a mental health facility.

Carlos Miles v. State of Indiana (mem. dec.)
49A05-1411-CR-514
Criminal. Affirms conviction of Class C felony battery.

Sergio A. Villanueva v. State of Indiana (mem. dec.)
09A04-1408-PC-376
Post conviction. Affirms denial of amended petition for post-conviction relief.

David Pannell v. State of Indiana (mem. dec.)
49A04-1308-PC-415
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Dominique v. State of Indiana (mem. dec.)
34A05-1403-CR-127
Criminal. Affirms denial of motion from relief from judgment following guilty plea to Class D felony receiving stolen property.

Jeffrey Cowart v. State of Indiana (mem. dec.)
49A02-1410-CR-697
Criminal. Affirms conviction of Class C felony intimidation.

Melissa Roberts Gannon v. Jesus A. Gomez-Rocha (mem. dec.)
38A02-1411-JP-822
Juvenile. Affirms finding that mother was in contempt of court.

Phillip Killebrew v. State of Indiana (mem. dec.)
49A02-1409-CR-648
Criminal. Affirms conviction of Class C felony possession of a narcotic drug and remands with instructions to correct the sentencing order.

Anthony Edward Stewart v. State of Indiana (mem. dec.)
45A04-1409-CR-422
Criminal. Affirms order revoking probation.

 

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