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Opinions March 17, 2016

March 17, 2016

This Indiana Supreme Court decision came in after IL deadline Wednesday.
Samuel Sallee v. State of Indiana
03S00-1504-LW-00237
Criminal. Affirms Samuel E. Sallee’s conviction of four counts of murder and his subsequent four life sentences without parole, which are to run consecutively.

Thursday’s opinions
Indiana Court of Appeals
KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels
49A02-1501-CT-42
Civil tort. Affirms denial of KS&E Sports’ motion for judgment on the pleadings against Dwayne Runnels. KS&E asserted immunity from suit arguing Runnels’ damages resulted from criminal misuse of a firearm by a third party.

Toni Ball v. Clifton Jones
49A02-1504-CT-210
Civil tort. Affirms summary judgment that detective was immune from personal liability under Indiana Tort Claims Act. The trial court properly held that as a matter of law, Jones’ actions were within the course and scope of his employment.

 Jeffery Allen Ring v. Kimberly S. Ring
33A01-1507-DR-1024
Domestic relations. Affirms selling of a parcel of a farm was a permissible modification of disposition settlement, but appointment of commissioner without husband’s knowledge was not.

Norma Jackson v. Indiana Adult Protective Services
18A02-1508-MI-1075
Miscellaneous. Reverses and remands an order that Norma Jackson receive 24-hour care and supervision at a nursing facility. Adult Protective Services did not present sufficient evidence Jackson was involved in a life-threatening emergency.

Steven Richards v. State of Indiana (mem. dec.)
03A05-1507-CR-948
Criminal. Affirms Steven Richards’ sentence of 2 ½ years in county jail with six months suspended to probation for battering his girlfriend.

Catina M. Caudill v. State of Indiana (mem. dec.)
03A01-1508-CR-1228
Criminal. Affirms revocation of Catina Caudill’s probation.

Leonard Paul Carder v. State of Indiana (mem. dec.)
63A04-1509-CR-1605
Criminal. Affirms Leonard Paul Carder’s six-year sentence for Class C felony child solicitation.

Rachel Pittsford v. State of Indiana (mem. dec.)
18A04-1508-CR-1273
Criminal. Affirms Rachel Pittsford’s sentence for burglary as a Level 4 felony.

Myles K. Martin, Jr. v. State of Indiana (mem. dec.)
82A01-1507-CR-966
Criminal. Affirms Myles Martin’s convictions for carjacking, a Class B felony; resisting law enforcement, a Class D felony; resisting law enforcement, Class A misdemeanor; and his adjudication as a habitual offender.

Robert Lee Scott v. State of Indiana (mem. dec.)
79A02-1510-CR-1799
Criminal. Affirms the denial of Robert Scott’s motion to correct erroneous sentence.

Michael York v. State of Indiana (mem. dec.)
89A01-1507-CR-911
Criminal. Affirms Michael York’s conviction of Class C misdemeanor operating a vehicle with an ACE of 0.08 or greater.

In the Term. Parent-Child Relationship of: M.O. and B.E. and B.O. (Mother) and B.E. (Father) v. The Ind. Dept. of Child Services (mem. dec.)
01A04-1509-JT-1330
Juvenile. Affirms termination of parental rights.

Vicky Lochtefeld v. James Lochtefeld (mem. dec.)
38A04-1506-DR-726
Domestic relations. Affirms trial court did not omit a business from marital estate, but holds trial court did not include two accounts in its calculation of marital estate, so remands that part for further proceedings.

In Re the Paternity of R.J.D., D.D. (Father) v. A.J. (Mother) (mem. dec.)
39A01-1507-JP-1012
Juvenile. Affirms order denying petition to modify custody filed by father.

Emily J. Karnes v. State of Indiana (mem. dec.)
46A04-1506-CR-554
Criminal. Reverses and remands Emily Karnes’ sentence for Class B felony robbery. Trial court abused its discretion when it improperly imposed a consecutive sentence without clearly articulating the existence of an aggravating circumstance.

Jerry Conn v. State of Indiana (mem. dec.)
48A02-1505-CR-311
Criminal. Affirms Jerry Conn’s convictions for dealing in methamphetamine, a Class B felony, as well as Class D felonies possession of meth, possession of chemical reagents or precursors with intent to manufacture a controlled substance, and maintaining a common nuisance.

In the Matter of J.F. (Minor Child), and L.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)
29A02-1508-JC-1306
Juvenile. Affirms finding child was a CHINS.
 
Robert Fuentes v. State of Indiana (mem. dec.)
45A03-1506-PC-618
Post conviction. Affirms denial of Robert Fuentes’ motion for post-conviction relief.

In the Term. of the Parent-Child Relationship of: C.B. & K.B. (Minor Children) and A.M. (Mother) & D.B. (Father) v. Ind. Dept. of Child Services (mem. dec.)
81A04-1508-JT-1117
Juvenile. Affirms termination of parental rights.

Clyde L. Smith v. State of Indiana (mem. dec.)
71A05-1508-PC-1136
Post-conviction. Affirms denial of petition for post-conviction relief.

Steven D. Brazell v. Marie Dezi Jackson (mem. dec.)
22A01-1505-SC-310
Small claim. Affirms judgment for Marie Jackson that Steven Brazell must pay damages in the amount of a contract price for Jackson’s driveway after it deteriorated when Brazell was done with the work.
 

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