Opinions Nov. 18, 2015

Keywords neglect / Opinions

Indiana Court of Appeals
Ada Brown v. Indiana Family and Social Services Administration
Civil plenary. Reverses imposition of a transfer penalty by FSSA against Brown, after finding she is eligible for Medicaid benefits, based on the sale of Brown’s home in 2010. Evidence shows the proceeds from the sale of the home were placed back in her irrevocable trust and the fair market value of her home was $75,000, not $91,900 as FSSA had valued it.

Robert Scott Hilligoss v. State of Indiana
Criminal. Reverses revocation of Hilligoss’ probation. Hilligoss was not properly advised of his rights to a hearing and therefore was deprived of his fundamental right to due process. Remands for the court to hold an evidentiary hearing on his alleged probation violation, or if Hilligoss admits to the violation, that the trial court makes a record to reflect he has been properly advised of his rights. The extension of his probation by more than one year beyond the original probationary period violates I.C. 35-38-2-3(h)(2). Remands for the court to reduce his period of probation by six months to bring it in compliance with the statute.

Kezalis Harris v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to suppress as police had reasonable suspicion to stop Harris’ car.

Joseph T. Ford, III v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A felony child molesting.

Maria Bonner v. Elena Magana (mem. dec.)
Civil plenary. Affirms denial of Bonner’s motion for summary judgment and grant of Magana’s motion for summary judgment on a quiet title action.

John Paul Garcia v. State of Indiana (mem. dec.)
Criminal. Affirms 60-month sentence following guilty plea to Class C felony forgery but reverses restitution order based on insufficient evidence and remands for a new restitution hearing.

John D. May v. Greene County Sheriff's Department, Greene County Jail, Sheriff Michael Hasler and Jail Commander Darrin MacDonald (mem. dec.)
Civil plenary. Affirms defendants’ motion to dismiss May’s complaint for injunctive relief and damages, alleging he was denied his constitutional right of access to the courts because the jail where he was incarcerated did not have a law library.


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