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Opinions July 24, 2015

July 24, 2015

Indiana Court of Appeals
Antyon Buford v. State of Indiana
20A05-1408-CR-392
Criminal. Reverses convictions of Class A felony dealing cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, and Class D felony maintaining a common nuisance. A warrant on which the search of Buford’s residence was premised was not supported by probable cause. Remands for proceedings.

James E. McGee v. State of Indiana (mem. dec.)
45A03-1411-PC-397
Post conviction. Reverses denial of post-conviction relief and remands for a new trial on McGee’s convictions of two counts of Class A felony child molesting and one county of Class C felony child molesting. The panel found McGee was prejudiced by ineffective assistance of counsel.

Anthony Levell Gregory, II v. State of Indiana (mem. dec.)

29A02-1502-CR-114
Criminal. Affirms convictions of two counts of Class B felony burglary.

In the Matter of the Adoption of: A.E.G.; A.G. v. E.R.J., and K.M.J. (mem. dec.)
82A01-1411-AD-475
Adoption. Affirms trial court’s denial of father A.G.’s motion to continue a hearing in which the court determined his consent to the adoption of A.E.G. was unnecessary.

Walter L. Robertson v. State of Indiana (mem. dec.)
29A02-1412-CR-851
Criminal. Affirms conviction of Class D felony dealing in marijuana.

Manuel Guzman v. State of Indiana (mem. dec.)

79A02-1409-CR-667
Criminal. Affirms 15-year executed sentence for conviction of Class A felony dealing in methamphetamine.

Charles Bradley Nixon v. JNJ Foods, LLC d/b/a McDonald's (mem. dec.)

82A01-1411-CT-505
Civil tort. Majority Judges John Baker and Edward Najam reverse grant of summary judgment in favor of JNJ Foods, finding there are genuine issues of material fact as to whether a foreign object in a McDonald’s breakfast sandwich caused Nixon to crack a tooth. Remands for proceedings. Dissenting Judge Ezra Friedlander would affirm the trial court, holding there is no question of fact because Nixon lacked proof the sandwich contained a foreign object.

Marcus Stidhum v. State of Indiana (mem. dec.)
71A03-1412-CR-434
Criminal. Affirms two-year sentence for convictions of Level 6 felony possession of a narcotic and Class A misdemeanor resisting law enforcement.

In Re the Marriage of: David P. Allen v. Kimberly W. Allen (mem. dec.)

13A01-1411-DR-476
Domestic. Reverses order that father David P. Allen pay 100 percent of dental school tuition for daughter Hunter Allen and remands for a college expenses order appropriately apportioning costs between father, mother and Hunter.

In Re the Marriage of John Lane v. Leisa Lane (mem. dec.)

49A02-1405-DR-354
Domestic. Affirms in part and reverses in part the court’s dissolution of marriage order. Remands with instructions to enter an order complying with requirements for the distribution of assets under Indiana statutes and applicable case law.

Diane Lane, Darrell Lane v. Danny English (mem. dec.)

32A04-1501-DR-41
Domestic. Reverses trial court’s removal from its docket of a hearing on a motion to modify parenting time. Remands to the trial court to either set a hearing on the motion or clarify its previous order.

Kenneth Eugene Million v. Sheriff of Johnson County, Indiana; Indiana Department of Correction; Indiana State Police; and State of Indiana (mem. dec.)
41A05-1411-MI-530
Miscellaneous. Reverses trial court denial of his request to be released from the requirement that he register as a sex offender in Indiana.

 

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