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Opinions May 4, 2016

May 4, 2016

Indiana Court of Appeals
Scott Schuck v. State of Indiana
73A01-1507-CR-981
Criminal. Reverses decision and remands to trial court to determine amount of investigatory expenses law firm representing Schuck should get after COA found investigation was necessary even though Schuck pleaded guilty after trial began.

David D. Barany v. State of Indiana
17A04-1510-CR-1734
Criminal. Affirms weapon David Barany used in murder should not be given back to his mother but destroyed as it is a murder weapon and Barany should not profit off of it.

Reginald Lee Robinson v. State of Indiana
12A02-1507-CR-784.
Criminal. Affirms denial of Reginald Lee Robinson’s insanity plea after COA found testimony of expert could be persuasive in his case. Judge Mathias concurs with separate opinion.

James Gilday v. City of Indianapolis
49A02-1506-CT-715
Civil tort. Reverses $150 fine against attorney James Gilday for paying his parking ticket late as he did pay it on time. Affirms that Gilday is not entitled to damages or attorney fees for trying the case or difficulties he went through obtaining his record.

Terry Southwood v. State of Indiana (mem. dec.)
20A05-1508-PC-1296
Post conviction. Affirms denial of Terry Southwood’s petition for post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of J.L. & K.L. (Children) and J.L. (Father); J.L. (Father) v. the Indiana Department of Child Services (mem. dec.)
35A02-1510-JT-1750
Juvenile. Affirms involuntary termination of father’s parental rights.

Dakevee Wiggins v. State of Indiana (mem. dec.)
71A05-1512-PC-2169
Post conviction. Affirms denial of Dakevee Wiggins’ motion for an extension of time to appeal denial of his post-conviction relief petition.

John Lane-El v. State of Indiana, Thor R. Miller, Adam Kegg, et al. (mem. dec.)
33A01-1512-MI-2128
Miscellaneous. Affirms summary judgment for the state of Indiana and dismissal of John Lane-El’s complaint as he did not exhaust all remedies before seeking judgment.

Abiodun O. Bratton v. State of Indiana (mem. dec.)
02A03-1509-CR-1385
Criminal. Affirms Abiodun Bratton’s sentence for two counts of Level 6 felony residential entry, one count of Level 6 felony resisting law enforcement and two counts of Class B misdemeanor battery.

In the Matter of: U.E., T.C. and K.C., Children in Need of Services, and R.C. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A04-1510-JC-1566
Juvenile. Affirms mother’s children are children in need of services.

 

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