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Opinions Jan. 29, 2016

January 29, 2016
KEYWORDS Opinions / neglect

Indiana Court of Appeals
Kimberly Y. Morgan v. State of Indiana
34A05-1509-CR-1323
Criminal. Affirms in part and reverses in part restitution order. The trial court properly concluded Morgan must pay restitution to Selective Insurance, but to the extent the order provides for the amount to the Visitors Commission in excess of its $250 deductible is an abuse of discretion. Remands with instructions for the court to enter a restitution order for the payment of $11,455.48 to Selective Insurance and $250 to the commission.

Carrie A. Greer v. Discover Bank
55A01-1509-CC-1488
Civil collection. Dismisses Greer’s appeal of default judgment entered against her and in favor of Discover Bank. Greer did not follow the proper procedure for perfecting her appeal of whether she had been adequately served with a summons and Discover Bank’s complaint against her.

Ronald L. Sanford, Jr. v. State of Indiana
49A05-1506-PC-485
Post conviction. Affirms denial of petition for permission to file a belated notice of appeal. Concludes that In re Adoption of O.R. does not need to be extended to criminal defendants who already have a remedy for reinstating an untimely appeal through Post-Conviction Rule 2.

Willie Moore v. State of Indiana
49A02-1505-CR-321
Criminal. Affirms Moore’s conviction for Level 4 felony unlawful possession of a firearm by a serious violent felon but reverses his conviction for resisting law enforcement as a Level 6 felony. Finds the offer had reasonable suspicion to stop him, but there was not sufficient evidence to elevate his resisting law enforcement conviction because there was no evidence he proximately caused the officer’s injuries. Remands to the trial court with instructions to vacate that conviction and enter a new conviction and sentence for the lesser-included offense of Class A misdemeanor resisting law enforcement.

Jason Hansbrough v. State of Indiana
29A04-1508-CR-1121
Criminal. Affirm conviction for unlawful possession of a firearm by a serious violent felon, a Level 4 felony. Finds because the police officer was still checking on Hansbrough’s outstanding warrants when the canine unit arrived, the wait for the dog did not prolong the duration of the traffic stop beyond what was reasonable. Rules the handgun discovered as a result of the dog sniff was admissible as evidence.

John Mazurak v. State of Indiana (mem. dec.)
02A03-1502-PC-55
Post conviction. Affirms denial of petition for post-conviction relief.

Hubert Charles v. State of Indiana (mem. dec.)
49A02-1507-CR-730
Criminal. Affirms conviction of Class A misdemeanor theft.

Douglas L. Wilson, Jr. v. State of Indiana (mem. dec.)
18A04-1506-CR-689
Criminal. Affirms convictions of Level 3 felony burglary and Level 6 felony battery, but remands with instructions to clarify whether Wilson continues to have two judgments of conviction entered against him.

In the Matter of the Termination of the Parent-Child Relationship of N.A., Mother, and M.A., Father, and A.A., B.A., C.A., N.A., et al. v. Indiana Department of Child Services (mem. dec.)
45A03-1505-JT-413
Juvenile. Affirms termination of mother’s parental rights.

Timothy Hipskind v. Insurance One Services, Inc., and David Vanderpool (mem. dec.)
85A02-1508-PL-1239
Civil plenary. Affirms that Hipskind had filed his complaint after the relevant statute of limitations had expired.

Brian L. Cain, Nancy Ilderton and Wells Fargo Advisors, LLC v. Old National Bancorp, Inc. (mem. dec.)
82A04-1510-PL-1646
Civil plenary. Affirms preliminary injunction order issued by the trial court in favor of Old National.

David Michael Jones v. State of Indiana (mem. dec.)
48A04-1502-PC-84
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony Fisher v. Thomas VanVleet and Dustin Gary (mem. dec.)
56A03-1508-SC-1142
Small claim. Affirms judgment in favor of VanVleet and Gary on Fisher’s replevin claim.

In the Matter of the Involuntary Term. of Parent-Child Relationship of L.D., D.B. (Father) v. Marion Co. Dept. of Child Services, and Child Advocates Inc. (mem. dec.)
49A02-1506-JT-491
Juvenile. Affirms termination of father’s parental rights.

Christopher R. Marks v. State of Indiana (mem. dec.)
02A05-1506-CR-669
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Jayson S. Roberts v. State of Indiana (mem. dec.)
63A05-1507-CR-1019
Criminal. Affirms revocation of probation and order that Roberts serve the remainder of his suspended sentence for Level 3 felony child molesting in the Department of Correction.

T.J. v. State of Indiana (mem. dec.)
49A05-1501-JV-21
Juvenile. Grants petition for rehearing and affirms juvenile delinquency adjudication for committing what would be murder if committed by an adult.

William Church v. State of Indiana (mem. dec.)
29A02-1508-CR-1176
Criminal. Affirms in part and reverses in part, remanding with instructions the trial court make its abstract of judgment consistent with the sentencing order’s recommendation of a lifetime suspension.

In re the Matter of H.M., a Child In Need of Services, A.A. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
84A04-1505-JC-355
Juvenile. Affirms child in need of services adjudication.

A.B. v. Review Board of the Department of Workforce Development (mem. dec.)
93A02-1504-EX-247
Agency action. Affirms determination of the review board of the Department of Workforce Development that A.B. received unemployment benefits to which she was not entitled and she must repay those benefits with statutory penalties.

John D. May v. Indiana Department of Child Services, Carrie T. Ingram, and Direnda Winburn (mem. dec.)
49A02-1509-PL-1405
Civil plenary. Affirms summary judgment for the defendants on May’s lawsuit alleging violations of Indiana’s Access to Public Records Act.

In the Matter of J.C. and K.C., Children in Need of Services, and J.S. (Mother) and M.S. (Stepfather) v. Indiana Department of Child Services (mem. dec.)
54A05-1506-JC-568
Juvenile. Affirms children in need of services adjudication.

Anthony L. Hall v. State of Indiana (mem. dec.)
79A02-1504-CR-254
Criminal. Affirms convictions of five counts of Level 4 felony possession of a firearm by a serious violent felon and remands for a new sentencing order.

Kenneth L. Shafer v. State of Indiana (mem. dec.)
20A03-1507-CR-898
Criminal. Affirms sentence following guilty plea to three counts of Level 6 felony intimidation and one count of Class B misdemeanor public intoxication.

Sherry A. Fairchild v. State of Indiana (mem. dec.)
34A02-1507-CR-798
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Bradley J. Harris v. State of Indiana (mem. dec.)
89A01-1505-CR-524
Criminal. Affirms denial of motion for jail credit time.

In the Matter of the Termination of the Parent-Child Relationship of T.S., Father, and N.B., Child, T.S. v. Indiana Department of Child Services (mem. dec.)
46A05-1506-JT-629
Juvenile. Affirms termination of father’s parental rights.

Lyle M. Moser v. State of Indiana (mem. dec.)
02A03-1505-CR-418
Criminal. Affirms conviction and sentence for Class C felony fraud on a financial institution.

Paris Hardy v. State of Indiana (mem. dec.)
49A02-1506-CR-496
Criminal. Reverses order Hardy pay $2,000 in restitution following convictions of Level 2 felony burglary and Class A misdemeanor carrying a handgun without a license. Remands with instructions to hold a new restitution hearing.

In Re The Marriage Of: Mark Steven Brown v. Julie Brown (mem. dec.)
65A01-1502-DR-70
Domestic relation. Reverses order modifying father’s weekly child support payment and remands for a determination of his weekly gross income and weekly child support obligation based upon the evidence and for consideration of mother’s request for attorney fees consistent with the opinion.

Donald Wilson v. State of Indiana (mem. dec.)
49A05-1504-CR-149
Criminal. Affirms convictions of two counts of Class A misdemeanor battery.

In the Matter of the Term. of the Parent-Child Relationship of A.C., C.C., N.C., Sk.C, Sa,C., Sh.C., & E.F. and F.F. and S.C. v. The Ind. Dept. of Child Services (mem. dec.)
89A01-1505-JT-430
Juvenile. Affirms termination of parental rights of both parents.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of S.L. (Minor Child), and M.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
21A01-1507-JT-936
Juvenile. Affirms termination of father’s parental rights.

Daniel Killin v. State of Indiana (mem. dec.)
49A04-1507-CR-759
Criminal. Affirms order Killin serve the balance of his sentence in the Marion County Jail after revocation of his placement on work release.

Sallye Purnell v. State of Indiana (mem. dec.)
49A02-1505-CR-440
Criminal. Affirms conviction of Class A misdemeanor battery.

Latanya T-Butler v. State of Indiana (mem. dec.)
49A02-1505-CR-389
Criminal. Affirms convictions of Class B felony battery and Class D felony neglect of a dependent.

Steven A. Bird v. State of Indiana (mem. dec.)
20A03-1503-CR-88
Criminal. Affirms conviction of Class D felony auto theft.

Peggy Bull d/b/a Brown County Getaway v. Brown County Area Board of Zoning Appeals (mem. dec.)
07A01-1506-PL-747
Civil plenary. Affirms order affirming the decision of the Brown County Area Board of Zoning Appeals that denied Bull’s application for a special exception to operate a motel under the Brown County Zoning Ordinance on property she owned in the county.

Aaron Cannon v. State of Indiana (mem. dec.)
49A04-1506-CR-615
Criminal. Affirms conviction of Level 6 felony domestic battery.

In the Matter of the Term. of the Parent-Child Relationship of: I.H., A.H., E.H., and F.H., Minor Children, and J.H., Mother v. The Ind. Dept. of Child Services (mem. dec.)
03A01-1507-JT-953
Juvenile. Affirms termination of mother’s parental rights.

Larry Owens v. State of Indiana (mem. dec.)
49A02-1505-CR-339
Criminal. Affirms conviction of Class B misdemeanor public intoxication and reverses a second conviction of Class B misdemeanor public intoxication and remands with instructions to vacate that judgment.

Lisa A. Medsker v. State of Indiana (mem. dec.)
73A04-1506-CR-668
Criminal. Affirms two-year sentence for Class A misdemeanor theft and two counts of Level 6 felony theft.

Lyle D. Tucker v. State of Indiana (mem. dec.)
60A01-1506-CR-532
Criminal. Affirms the admission of videos of Tucker selling meth on three separate occasions to informants who recorded the transactions for police.
 

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