Opinions Oct. 16, 2015

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Indiana Supreme Court
Robert A. Masters v. Leah Masters
02S04-1504-DR-156
Domestic. Affirms award of attorney fees in a dissolution of marriage case to an arbitrator under the Family Law Arbitration Act. The award of attorney fees in this case is supported by the findings, and Robert Masters failed to show clear error as prescribed by Trial Rule 52(A).

Indiana Court of Appeals
John A. Fox v. Tracy Bonam and Doug Bonam
55A01-1503-PO-112
Protective order. Affirms in part and vacates in part protective order against John Fox. The trial court did not err in concluding Fox committed stalking against Tracy Bonam but did err in ordering firearms seized from his property and placing limitations on use of his motorcycle and power tools.

David Gregory v. State of Indiana (mem. dec.)
49A02-1503-CR-131
Criminal. Affirms convictions of Class B misdemeanors criminal mischief and unauthorized entry of a motor vehicle.

Dennis L. Floyd and Terence E. Bartholomew v. Scott Piepenbrink and Janet Piepenbrink (mem. dec.)
02A03-1502-MF-70
Mortgage foreclosure. Affirms trial court denial of Floyd and Bartholomew’s motion to determine judgments are satisfied in favor of the Pipenbrinks.

Jason Medley v. State of Indiana (mem. dec.)
49A02-1503-CR-178
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 percent or more and vacates conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person as a double jeopardy violation.

Tanya Anderson and Delmonte Anderson, Individually and as Personal Representatives of the Supervised Estate of Michael Delshawn Anderson, Deceased, et al v. Civil City of South Bend, et al (mem. dec.)
71A03-1502-CT-53
Civil tort. Reverses trial court grant of South Bend defendants’ motion to dismiss a wrongful death lawsuit filed by the family of Michael Delshawn Anderson, who died in police custody. City defendants did not meet their burden of proving that summonses were not furnished in a timely manner. Remands for proceedings.

Patrick Bovia Wallace, Jr. v. State of Indiana (mem. dec.)
20A03-1504-CR-118     
Criminal. Affirms 33-year executed sentence following guilty plea to three counts of Class A felony dealing in cocaine.

Tylen L. Fowlkes v. State of Indiana (mem. dec.)
02A05-1504-CR-155
Criminal. Affirms conviction of Level 6 felony battery.

In the Matter of the Termination of the Parent-Child Relationship of J.B. (Minor Child), and S.B. (Mother) v. The Indiana Department of Child Services (mem. dec.)
48A02-1503-JT-200
Juvenile. Affirms termination of parental relationship.

In Re the Marriage of: R.L.R-H v. J.M.R. (mem. dec.)
82A01-1501-DR-31
Domestic relation. Affirms order permitting father J.R. to exercise parenting time and finding mother R.R. in contempt.

Harry F. Bolton v. State of Indiana (mem. dec.)
84A01-1503-CR-117
Criminal. Affirms trial court calculation of credit time.

Jeremey Smith v. State of Indiana (mem. dec.)
49A05-1502-CR-58
Criminal. Reverses order of restitution entered following convictions of Class A misdemeanor battery and Class B misdemeanor criminal mischief. Remands to the trial court for a determination of Smith’s ability to pay.

 

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