`

Opinions May 24, 2016

May 24, 2016

Indiana Court of Appeals
Kaitlyn Schneider v. Paragon Realty LLC
32A01-1511-CT-1858
Civil tort. Affirms summary judgment for Paragon Realty LLC after the COA ruled the property management company had no duty of care to Kaitlyn Schneider, who was involved in a crash with a driver while both were intoxicated. The company’s liability was to the physical upkeep of the building, not its employees who served Schneider and the driver.

Tresa Megenity v. David Dunn
22A04-1506-CT-722
Civil tort. Reverses and remands summary judgment for David Dunn after the majority ruled Dunn’s kick while Tresa Megenity was holding a bag during a karate drill constituted an issue of material fact. The COA ruled the type of kick Dunn did may not have been normal activity for the drill the two were involved in at the time. Judge Patricia Riley dissented, saying the majority ruled too narrowly. She thought the kick was normal behavior in the sport of karate itself and would have ruled to uphold summary judgment.

Jason Richmond v. State of Indiana (mem. dec.)
71A03-1511-CR-1901
Criminal. Affirms Jason Richmond’s conviction of Class A misdemeanor domestic battery.

Vincent James, a/k/a, Victor James v. State of Indiana (mem. dec.)
64A03-1512-CR-2356
Criminal. Affirms Vincent James’ 90-year sentence for felony murder.

Ryan Sizemore v. State of Indiana (mem. dec.)
27A02-1511-CR-1918
Criminal. Affirms Ryan Sizemore’s 12-year sentence for Level 4 felony possession of a firearm by a serious violent felon, Level 6 felony residential entry, Level 6 felony domestic battery in the presence of a child, Level 6 felony neglect of a dependent and two counts of Class A misdemeanor invasion of privacy.

In the Termination of the Parent-Child Relationship of J.B. (Minor Child), A.C. v. Indiana Department of Child Services (mem. dec.)
43A03-1509-JT-1520
Juvenile. Affirms termination of mother’s parental rights.

Juwan Jones v. State of Indiana (mem. dec.)
71A04-1507-CR-913
Criminal. Affirms Juwan Jones’ convictions for attempted murder, a Level 1 felony, and aggravated battery, a Level 3 felony.

J.D.M. v. State of Indiana (mem. dec.)
21A01-1510-JV-1804
Juvenile. Affirms order that juvenile must register as a sex offender.

Brett Conover v. State of Indiana (mem. dec.)
73A01-1506-CR-513
Criminal. Reverses and remands Brett Conover’s conviction for perjury, a Class D felony. Rules the admission of some hearsay testimony was fundamental error and the evidence is not sufficient to support his conviction.

Nicolas Webb v. State of Indiana (mem. dec.)
29A02-1511-CR-1885
Criminal. Affirms Nicolas Webb’s convictions and sentence for Class A misdemeanor resisting law enforcement and Level 4 felony unlawful possession of a firearm by a serious violent felon.

Tyrone D. Miller v. State of Indiana (mem. dec.)
71A04-1601-CR-24
Criminal. Affirms Tyrone Miller’s conviction of possession of cocaine or a narcotic drug, a Level 5 felony.

Gary A. Williams v. State of Indiana (mem. dec.)
02A03-1510-CR-1847
Criminal. Affirms Gary Williams’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor possession of a controlled substance and Class B misdemeanor possession of marijuana.

In the Matter of: K.D., a Child in Need of Services, S.D. (Mother) and Ke.D. (Father) v. Ind. Dept. of Child Services (mem. dec.)
32A05-1510-JC-1724
Juvenile. Affirms that child is a child in need of services.

William E. Gilliland v. State of Indiana (mem. dec.)
48A02-1508-CR-1246
Criminal. Affirms William Gilliland’s convictions of child molesting as a Class A felony and two counts of child molesting as a Class C felony.

In the Termination of the Parent-Child Relationship of K.J. and J.J. (Minor Children), R.J. (Mother) and Jo.J. (Father) v. Indiana Department of Child Services (mem. dec.)
27A02-1510-JT-1811
Juvenile. Affirms termination of parental rights.

Matthew A. Cornell v. State of Indiana (mem. dec.)
79A05-1510-CR-1649
Criminal. Affirms Matthew Cornell’s conviction for failure to register as a sex offender, a Level 5 felony, and his adjudication as a habitual offender.

Kyree Guajardo v. State of Indiana (mem. dec.)
48A02-1510-CR-1702
Criminal. Affirms revocation of Kyree Guajardo’s probation.

Tony Edelen v. State of Indiana (mem. dec.)
49A02-1510-CR-1722
Criminal. Affirms Tony Edelen’s conviction for Class A misdemeanor theft.

In the Term. of the Parent-Child Relationship of I.C., N.K., L.L., and L.L., III (Minor Children), E.B. (Mother) v. Ind. Dept. of Child Services (mem. dec.)
46A03-1510-JT-1780
Juvenile. Affirms termination of mother’s parental rights.

Mark Allen Smith v. State of Indiana (mem. dec.)
27A02-1510-CR-1842
Criminal. Affirms that Mark Allen Smith must serve the rest of his sentence in the Department of Correction after he consumed alcohol and broke his curfew while on probation.

Basil C. Halkides v. State of Indiana (mem. dec.)
45A03-1511-IF-2077
Infraction. Reverses trial court’s finding that Basil Halkides disregarded a traffic light.
 

ADVERTISEMENT