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Opinions Nov. 20, 2015

November 20, 2015

Indiana Court of Appeals
Tyrone Causey v. State of Indiana
49A02-1503-CR-185
Criminal. Reverses Causey’s conviction of Class D felony intimidation. The state failed to present sufficient evidence from which a jury could find beyond a reasonable doubt that Causey communicated a threat to the officers that was intended to place them in fear of retaliation for responding to a call at his residence. 

Davon Crenshaw v. State of Indiana (mem. dec.)

20A03-1504-CR-122
Criminal. Affirms conviction of Class B felony conspiracy to commit burglary and aggregate 53-year sentence for other convictions of Class B felonies robbery and burglary and Class C felony criminal confinement.

Shyheem Jones v. State of Indiana (mem. dec.)
71A04-1504-CR-333
Criminal. Affirms conviction of felony murder, finding evidence sufficient to rebut self-defense claim.

Kenneth D. Robinson v. State of Indiana (mem. dec.)
02A03-1505-CR-286
Criminal. Affirms sentence for Level 5 felony battery.

M.B. v. Review Board of the Indiana Department of Workforce Development, and Company (mem. dec.)
93A02-1504-EX-255
Agency action. Affirms order of the Review Board of the Indiana Department of Workforce Development, which found that M.B. voluntarily left his employment thus disqualifying him from receiving unemployment benefits.

Ryan A. Phelps v. State of Indiana (mem. dec.)
46A03-1501-CR-23
Criminal. Remands to trial court to vacate Phelps’ felony murder conviction and reduce his robbery conviction to a Class C felony in light of his murder conviction. Adjusts his sentence accordingly.

Timothy R. Blazier v. State of Indiana (mem. dec.)
84A01-1504-CR-131
Criminal. Affirms 114-year sentence for Class A felonies child molesting and attempted child molesting; Class C felony criminal confinement; and Class D felony battery resulting in bodily injury.

Orlando D. Lynch v. State of Indiana (mem. dec.)
45A03-1506-CR-580
Criminal. Affirms Lynch’s motion to correct erroneous sentence was properly denied because his sentence is not facially defective.

James L. Bullock v. Natasha Bullock (mem. dec.)
45A03-1503-DR-89
Domestic relation. Affirms order dissolving the Bullocks’ marriage.

Donald Lee Weidenburner v. State of Indiana (mem. dec.)
74A01-1502-CR-81
Criminal. Affirms denial of motion to compel the Spencer County Prosecutor’s Office to produce certain documents.

Larry J. Truesdale v. State of Indiana (mem. dec.)
60A01-1503-CR-104
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor, one count of Class C felony sexual misconduct with a minor, and three counts of Class D felony child seduction.

Indiana Tax Court
J.S. Marten, Inc., Janice S. Marten, and Christopher M. Marten v. Indiana Department of State Revenue
49T10-1301-TA-8
Tax. Grants the department’s motion to dismiss on the basis that the Martens failed to state a claim upon which relief can be granted. The facts alleged in their petition do not rebut the fact that their refund claim was not timely filed nor did they raise an alternative basis for relief.
 

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