Opinions Feb. 29, 2016

Keywords neglect / Opinions

Indiana Court of Appeals
Edward Skillman v. Ivy Tech Community College
Civil plenary. Affirms summary judgment for Ivy Tech on Ed Skillman’s claim under the Indiana Wage Payment Act. Ivy Tech is not an “employer” for purposes of the Indiana Minimum Wage Law because it is “subject to” federal Fair Labor Standards Ac requirements, even if Skillman cannot personally enforce FLSA requirements against Ivy Tech.

William Cox v. State of Indiana
Post conviction. Reverses and remands denial of post-conviction relief, saying court should have transferred William Cox’s petition for representation to the State Public Defender’s office.

Brice Hinton v. State of Indiana
Criminal. Affirms Brice Hinton’s conviction of Class B misdemeanor public intoxication that endangers a person. The state presented sufficient evidence to support the conviction.

Town of West Terre Haute, Indiana v. Jody Roach
Civil tort. Reverses decision granting summary judgment to all defendants except the town in Jody Roach’s lawsuit filed after she was terminated and orders trial court to grant the town’s motion for summary judgment. There is no genuine issue of material fact precluding summary judgment in its favor.

Jennifer J. Pearson v. State of Indiana (mem. dec.)
Criminal. Affirms Jennifer Pearson’s 2 ½-year sentence for possession of chemical reagents or precursors with intent to manufacture a controlled substance, a Level 6 felony.

Termination of the Parent-Child Rel. of J.R., et al.; M.S., et. al. v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of mother and father’s parental rights.
Glenn Carpenter v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of post-conviction relief.

Dexter Rogers v. Anonymous Hospital A, et al. (mem. dec.)
Civil tort. Affirms in part, holding that court did not abuse discretion in sanctioning hospital for not producing CEO for deposition. Reverses in part, saying court abused its power in ordering hospital to produce CEO for deposition, and remands with instructions to reinstate the order to quash Dexter Rogers’ subpoena and protective order.

Darren L. Simmons v. Michelle D. Simmons (mem. dec.)
Domestic relation. Affirms valuation of marital assets, reverses decision ordering husband to cause husband’s company to dismiss its lawsuit against wife and wife’s mother, and remands to trial court ordering it to vacate that part of the decision.

Aljerome Hill v. State of Indiana (mem. dec.)
Criminal. Affirms Aljerome Hill’s 30-month sentence for Level 6 felony domestic battery.

Shequita Avery v. Purdue University-IPFW (mem. dec.)
Small claim. Reverses and remands Shequita Avery’s motion to dismiss lawsuit IPFW filed against her after scholarship money was inappropriately deposited in her financial aid account.   

In the Term. of the Parent-child Relationship of: N.J.L., Minor Child, N.L. Father, and T.R. Mother v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights over minor child.

Adam K. Bales v. State of Indiana (mem. dec.)
Criminal. Affirms Adam K. Bales’ total sentence of 40 years after he pleaded guilty to Class A felony attempted murder, but remands to trial court to vacate his fine as part of the habitual offender enhancement and enter an order that his sentence was enhanced by 30 years, as opposed to consecutive sentences.
Barry R. Hasche v. State of Indiana (mem. dec.)
Criminal. Affirms sanction following probation revocation.

Lynn Wooden v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of two counts of Class D felony resisting law enforcement and one count of driving while suspended, a Class A misdemeanor.

Robert J. Hicks v. State of Indiana (mem. dec.)
Criminal. Affirms summary dismissal of petition for educational credit.

Esmeralda Villarreal v. State of Indiana (mem. dec.)
Criminal. Affirms Class A misdemeanor attempted theft after Esmeralda Villarreal acted as an accomplice while others loaded stolen material into a truck.

William M. Hardison v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of child molesting as Class A and Class C felonies.
Luther Riddell v. State of Indiana (mem. dec.)
Criminal. Affirms Luther Riddell’s conviction of murder and his determination as a habitual offender.

Mark W. Gregory v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to correct erroneous sentence.
Marven Lemock v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.

Cortez Laquez McDonald v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of community corrections placement.

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