Opinions Nov. 25, 2015

November 25, 2015

Indiana Court of Appeals
Bryant Lamonte White v. State of Indiana (mem. dec.)
Criminal. Affirms 40-year sentence and conviction of Class A felony conspiracy to commit dealing in a Schedule I controlled substance.

Gary Pennington and Sherry Pennington v. U.S. Bank National Association, as Trustee for Master Asset Backed Securities Trust 2005-WF1 (mem. dec.)
Mortgage foreclosure. Affirms grant of summary judgment in favor of U.S. Bank.

Aaron Isby v. Bruce Lemmon, as Commissioner of the Indiana Department of Correction, and the Indiana Parole Board (mem. dec.)
Civil plenary. Affirms trial court’s denial of Isby’s action he characterized as a declaratory judgment that the trial court evaluated as a habeas claim.

Tiffany Mounts v. State of Indiana (mem. dec.)
Criminal. Affirms 13-year sentence for conviction of Level 3 felonies robbery with a deadly weapon and criminal confinement while armed with a deadly weapon.

Jon Omstead v. State of Indiana (mem. dec.)
Criminal. Affirms denial of petition to modify sentence.

Donald Sample v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A misdemeanors possession of methamphetamine and possession of paraphernalia.

Cody A. German v. State of Indiana (mem. dec.)
Criminal. Affirms Level 6 felony conviction on residential entry but reverses German’s four-year sentence as it exceeds the statutory maximum penalty. Remands for resentencing to a term that does not exceed the statutory maximum.

Daniel L. Preston v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class B felony robbery and Class C felony forgery.

John A. Hawkins v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to correct sentencing error.

Enzert G. Lewis v. State of Indiana (mem. dec.)
Criminal. Affirms Class D felony convictions of altering the scene of a death and obstruction of justice.

Derrick Hicks v. State of Indiana (mem. dec.)
Criminal. Affirms in part, reverses in part and remands. Affirms convictions of child molesting as a Class A felony and a Class C felony; Class A felony attempted child molesting; two counts of rape and one count of incest as Class B felonies; and Class D felony battery. Remands for resentencing of Hicks’ 70-year prison term because one Class B felony conviction carried an excessive 50-year sentence, and the sentencing order did not state which sentences are to be served consecutively or concurrently.

Austin M. Ferguson v. State of Indiana (mem. dec.)
Criminal. Affirms 11.5-year aggregate sentence for conviction of Class B felony aiding, inducing or causing burglary; Class C felony counts of burglary and aiding, inducing or causing burglary; and Class D felony receiving stolen property.

In the Matter of the Termination of the Parent-Child Relationship of: P.W. (Minor Child) and M.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Shannon Scott Clevenger v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A misdemeanor counts of domestic violence and interference with the reporting of a crime.