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Opinions July 31, 2015

July 31, 2015

Indiana Supreme Court
The following opinion was posted after IL deadline Thursday
In Re the Visitation of L-A.D.W., R.W. v. M.D. and W.D.
82S01-1507-DR-452
Domestic. Affirms trial court grant of grandparent visitation, finding visitation in the child’s best interests and that the trial court did not abuse its discretion in setting a schedule it deemed occasional and temporary. Justice Steven David wrote the majority opinion joined by Justices Brent Dickson and Mark Massa. Chief Justice Loretta Rush concurred, but wrote separately to caution that a reliance upon deference to the trial court insufficiently protects a parent’s constitutional right to guide a child’s upbringing, but in this case, the visitation order did not unduly infringe on father’s parental rights. Justice Robert Rucker joined Rush’s concurring opinion.

Indiana Court of Appeals
Harold Bishop v. State of Indiana
49A02-1409-CR-622
Criminal. Affirms conviction for murder. Finds the Marion Superior Court did not abuse its discretion in admitting three separate pieces of evidence: the victim’s identification of Bishop; the similarities in fired cartridge casings from two shooting scenes; and the circumstances of another shooting.

Kent Akins v. State of Indiana
49A02-1412-CR-869
Criminal. Reverses order that Kent Akins pay more than $27,000 in restitution for a police officer’s claimed injuries after Akins pleaded guilty to Class D felony resisting law enforcement and Class A misdemeanor resisting law enforcement. There was no evidence in the record that Akins caused the injuries to a police officer on which the restitution order was based. Remands for a new restitution hearing at which the state must prove that the officer’s injuries were caused by Akins’ criminal behavior.

Todd Crane v. State of Indiana (mem. dec.)
15A04-1501-CR-9
Criminal. Affirms aggregate four-and-a-half year sentence for pleading guilty to battery, as a Class D felony; criminal mischief, as a Class D felony; resisting law enforcement, as a Class A misdemeanor; criminal trespass, as a Class A misdemeanor; criminal mischief, as a Class A misdemeanor; and inhaling toxic vapors, as a Class B misdemeanor. Vacates conviction for criminal mischief, finding the conviction violates the prohibition against double jeopardy. Remands with instructions.

Jonathan Diaz v. State of Indiana (mem. dec.)
29A02-1502-CR-112
Criminal. Affirms revocation of Diaz’s probation, ordering him to serve 490 days of the previous 550-day suspended sentence.

Zachary D. Reinders v. State of Indiana (mem. dec.)
02A04-1501-CR-12
Criminal. Affirms 70-year aggregate sentence for murder and Level 2 felony robbery.

Jason L. Caldwell v. State of Indiana (mem. dec.)
28A01-1501-CR-24
Criminal. Affirms 111-year executed sentence for murder and Level 1 felony rape.

Kenneth George Wolfe v. State of Indiana (mem. dec.)
49A02-1504-CR-219
Criminal. Affirms 281-year sentences for Wolfe’s five attempted murder convictions.

Eric L. Davis, Sr. v. State of Indiana (mem. dec.)
71A03-1403-PC-82
Criminal. Affirms denial of petition for post-conviction relief.

Eric Joya v. State of Indiana (mem. dec.)
49A02-1409-CR-606
Criminal. Affirms convictions for Class B felony child molesting and Class C felony child molesting.

In the Matter of the Term. of the Parent-Child Relationship of: O.Q., a Minor Child, L.Q. v. Ind. Dept. of Child Services (mem. dec.)
41A05-1412-JT-587
Juvenile. Affirms the termination of the parental rights of L.Q. (mother) over her child, O.Q.

Kenyon Sanders v. State of Indiana (mem. dec.)
49A05-1412-CR-576
Criminal. Affirms judgment of trial court that the evidence was sufficient to prove beyond a reasonable doubt that Sanders was the person who shot the victim.

Danny Bailey v. State of Indiana (mem. dec.)
82A01-1501-CR-28
Criminal. Affirms denial of post-conviction petition.

Christopher M. Knight v. State of Indiana (mem. dec.)
02A03-1501-CR-29
Criminal. Affirms three-year sentence after guilty plea to Class D felony domestic battery.

Jeremy Thompson v. State of Indiana (mem. dec.)
22A04-1411-CR-534
Criminal. Affirms conviction of dealing in a schedule I controlled substance, a Class A felony.

 

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