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Opinions Feb. 19, 2016

February 19, 2016

The following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals
USA v Gregorio Paniagua-Garcia
15-2540
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane E. Magnus-Stinson.
Criminal. Reverses and remands Gregorio Paniagua-Garcia’s denial of his motion to suppress evidence of heroin in his car after the court found no probable cause for police to pull him over.

Indiana Supreme Court
In Re the Termination of the Parent-Child Relationship of V.A. (Minor Child), and A.A. (Father) v. Indiana Department of Child Services
02S04-1602-JT-93
Juvenile. Reverses judgment and restores father’s parental rights to his daughter, determining evidence does not clearly and convincingly support termination.

Friday’s opinions
Indiana Supreme Court
Dee Ward v. State of Indiana
49S02-1602-CR-96
Criminal. Affirms Dee Ward’s convictions for battery, a Class C felony, and domestic battery, a Class A misdemeanor. Hearsay statements were properly admitted into evidence.

Indiana Court of Appeals
In the Matter of the Adoption of A.A. and L.A. (Minor Children) J.B. and S.B. v. R.C. and N.C.
48A02-1505-AD-328
Adoption. Affirms grandparents’ visitation rights and forces parents to pay grandparents’ attorney fees as a sanction for contempt

Richard W. Lorenz and any Successor Trustee, as Trustee, of the Bankruptcy Estate of Willie R. Gauldin v. Anonymous Physician #1, et al.
28A01-1501-CT-50
Civil tort. Reverses decision to dismiss complaint on preliminary determination against medical providers that alleged acts of negligence. The trial court erred, as lack of standing or judicial estoppel do not serve as a basis for dismissing the proposed complaint.

Ashley Poythress and LaVenita Burnett v. Esurance Insurance Company (mem. dec.)
49A05-1509-CT-1363
Civil tort. Dismisses appeal of order granting summary judgment for Esurance concluding it is not a final judgment or an appealable interlocutory order.

Courtney Johnson v. State of Indiana (mem. dec.)
27A05-1506-CR-619
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon, a Class B felony.
 
Michelle Williams v. State of Indiana (mem. dec.)
49A05-1505-CR-388
Criminal. Affirms Michelle Williams’ conviction of murder, a felony, and conspiracy to commit robbery, a Class B felony.

DeJuan McIntyre v. State of Indiana (mem. dec.)
49A02-1504-PC-256
Post conviction. Affirms denial of DeJuan McIntyre’s petition for post-conviction relief.



 

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