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Opinions April 29, 2016

April 29, 2016

The following Indiana Supreme Court decision was posted after IL deadline Thursday:
Travis Allen v. State of Indiana
49S05-1601-CR-46
Criminal. Reverses denial of Travis Allen's motion to dismiss. Remands for court to grant the discharge as his trial took place nearly three years after his arrest.

Friday's opinions
Indiana Court of Appeals
P & P Home Services, LLC v. Review Board of the Indiana Dept. of Workforce Development and Cynthia Hutcherson
93A02-1511-EX-1818
Agency action. Reverses Department of Workforce Development Review Board determination that a former employee of P&P Home Services is eligible for unemployment benefits. Remands to the board for a determination of whether the worker’s employment relationship was voluntarily severed by the employee.

Alvin Richard v. State of Indiana (mem. dec.)
71A03-1510-CR-1740
Criminal. Affirms conviction of Class C felony burglary.

John F. Harris v. State of Indiana (mem. dec.)
20A04-1502-PC-53
Post conviction. Affirms denial of relief from conviction of Class B felony possession of cocaine and adjudication as an habitual offender.

Ryan James Shelley v. State of Indiana (mem. dec.)
40A04-1510-CR-1709
Criminal. Affirms 58-year sentence for conviction of murder.

Jason L. Holland v. State of Indiana (mem. dec.)
84A01-1512-CR-2126
Criminal. Affirms finding of violation of probation.

Sattore E. Cooper v. State of Indiana (mem. dec.)
29A02-1507-CR-1000
Criminal. Affirms conviction of Class B felony burglary.

Andrew Tyler Fisher v. State of Indiana (mem. dec.)
03A01-1510-CR-1768
Criminal. Affirms $124,740 restitution order agreed to in a guilty plea resulting in a theft conviction.

Roger A. Andrick v. Angela L. Andrick (mem. dec.)
33A04-1508-DR-1211
Domestic relations. Affirms in part and denies in part father Roger Andrick’s petition to modify custody. Majority judges Michael Barnes and Robert Altice remand for reconsideration of father’s petition in light of clearly erroneous or unsupported findings and possible application of an erroneous legal standard. Affirms award of $15,000 in legal fees to mother Angela Andrick. Dissenting Judge Margret Robb found the majority’s remand to correct significant errors insufficient and would reverse the trial court.   

Jennifer Farr v. New Life Associates, P.C. and Planned Parenthood of Indiana, Inc., Steven Sams (mem. dec.)
49A02-1502-PL-101
Civil plenary. Affirms award of $11,145 in attorney fees to Planned Parenthood after a trial court’s determination the claims were frivolous, unreasonable or groundless under I.C. 34-52-1-1(b).

Theodore Hannibal v. State of Indiana (mem. dec.)
34A02-1510-CR-1625
Criminal. Affirms convictions of Class C felony battery resulting in serious bodily injury and Class D felony counts of battery resulting in serious bodily injury and resisting law enforcement.

Anthony Shockley v. State of Indiana (mem. dec.)
49A02-1510-CR-1540
Criminal. Affirms 60-year sentence and conviction of two counts of Class A felony attempted murder and one count of Class B felony robbery.  
 

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