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Opinions June 30, 2016

June 30, 2016

Indiana Court of Appeals
Keyaunna Hurley v. State of Indiana
49A05-1601-CR-108
Criminal. Rules Keyaunna Hurley’s inability to give a sufficient sample on a chemical breath test after she was suspected of driving under the influence was a refusal to take the test under section 2-4-2(b)(5) of Title 260 of the Indiana Administrative Code and the evidence was sufficient to sustain the refusal determination.

Charles Robinson v. State of Indiana
73A01-1506-CR-750
Criminal. Reverses Charles Robinson’s conviction of Level 5 felony corrupt business influence, ruling that Robinson’s two shoplifting charges do not rise to the level of a Racketeer Influenced and Corrupt Organizations Act conviction. Remands to trial court to sentence Robinson on two counts of Level 6 felony theft instead. Judge Robert Altice dissents in the case, noting the plain language in the RICO statute supports Robinson’s conviction.  

State of Indiana v. Megan J. Cassady
17A03-1512-CR-2090
Criminal. Reverses Megan Cassady’s motion to suppress evidence found at a traffic stop with a dog sniff, finding the sniff did not unreasonably extend Cassady’s stop. Remands to the trial court for further proceedings. Judge Melissa May dissents as she believes the sniff did extend the stop.

Eduardo Cruz-Salazar v. State of Indiana
49A05-1511-CR-1782
Criminal. Affirms Eduardo Cruz-Salazar’s conviction of possession of cocaine as a Class A misdemeanor after the COA ruled cocaine found during Cruz-Salazar’s arrest for public intoxication was admissible evidence. The search the officer conducted did not violate Cruz-Salazar’s Fourth Amendment rights.

In the Matter of the Paternity of: L.M.E. Gregory A. Edwards v. Toni Kelly (mem. dec.)
49A02-1512-JP-2075
Juvenile. Affirms trial court decision deferring consideration of custody and directing father to file a petition for modification.

Christopher Beckman v. State of Indiana (mem. dec.)
46A03-1510-CR-1773
Criminal. Affirms conviction and sentence for Level 3 felony aggravated battery.

Pinnacle Properties Development Group, LLC v. Raul Sanchez (mem. dec.)
10A04-1512-SC-2276
Small claim. Dismisses Pinnacle Properties’ appeal of the small claims court’s judgment denying its claim for unpaid rent and eviction against Sanchez.

Don Johnson v. State of Indiana (mem. dec.)
49A04-1511-CR-1866
Criminal. Affirms denial of Don Johnson’s motion to sever.

Donald Richardson v. State of Indiana (mem. dec.)
49A04-1510-CR-1633
Criminal. Affirms Donald Richardson’s convictions and sentence for two counts of Class A felony sexual misconduct with a minor, and one count each of Class B felony sexual misconduct with a minor and criminal confinement.
 
Jerry L. Ward v. State of Indiana (mem. dec.)
20A03-1512-CR-2241
Criminal. Affirms Jerry Ward’s sentence for Level 5 felony battery.

ArcelorMittal USA, LLC Pension Plan v. Jackie L. Hickey (mem. dec.)
45A03-1509-DR-1537
Domestic relation. Reverses denial of the pension plan’s motion to intervene in a dissolution action between Jackie and Michael Hickey. Remands with instructions that the trial court address the plan’s motion to set aside on its merits.

James F. Gibbons, Jr. v. State of Indiana (mem. dec.)
12A02-1511-CR-1990
Criminal. Affirms James Gibbons’ conviction for Level 6 felony escape.

In the Termination of the Parent-Child Relationship of J.S., Minor Child, M.S. v. Indiana Department of Child Services (mem. dec.)
45A03-1601-JT-63
Juvenile. Affirms termination of father’s parental rights.

Charles R. Ellis v. State of Indiana (mem. dec.)
34A04-1511-CR-1843
Criminal. Affirms Charles Ellis’ convictions of Level 2 felony dealing in a narcotic drug, Level 4 felony dealing in methamphetamine, Level 5 felony neglect of a dependent, and Level 6 felonies possession of methamphetamine and maintaining a common nuisance.

Artie Thomas v. State of Indiana (mem. dec.)
18A02-1512-CR-2303
Criminal. Affirms denial of Artie Thomas’ motion to correct erroneous sentence.

Russell E. Shreve v. State of Indiana (mem. dec.)
20A03-1505-CR-342
Criminal. Affirms Russell Shreve’s convictions of Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.

Terry Fennessee v. State of Indiana (mem. dec.)
71A04-1503-PC-134
Post conviction. Affirms denial of Terry Fennessee’s petition for post-conviction relief.

Samantha Cooper v. State of Indiana (mem. dec.)
48A02-1512-CR-2052
Criminal. Affirms Samantha Cooper’s sentence following guilty plea to two counts of Class B felony aiding, inducing or causing robbery.

Roger Lopez-Rivera v. State of Indiana (mem. dec.)
49A04-1510-CR-1542
Criminal. Affirms Roger Lopez-Rivera’s sentence for Class B felony aggravated battery. Remands for an amended abstract of judgment and sentencing order consistent with this opinion.

Tricia Wallerstedt v. Christopher Wallerstedt (mem. dec.)
82A04-1511-DR-1987
Domestic relation. Affirms modification of custody but reverses modification of child support order. Remands for further proceedings.

Adrian P. Crisostomo v. State of Indiana (mem. dec.)
43A03-1512-CR-2377
Criminal. Affirms Adrian Crisostomo’s conviction of Level 6 felony failure to register as a sex or violent offender.

In re the Termination of the Parent-Child Relationship of M.W. and L.W., minor children, and their Mother, W.W. v. The Indiana Department of Child Services (mem. dec.)
26A04-1510-JT-1808
Juvenile. Affirms termination of mother’s parental rights.

Christopher J. Moberg v. State of Indiana (mem. dec.)
79A05-1510-CR-1716
Criminal. Affirms Christopher Moberg’s placement in the Department of Correction following his guilty plea to Level 5 felony operating a motor vehicle after forfeiture of license for life.

Jeffery A. Sarver v. State of Indiana (mem. dec.)
34A02-1601-CR-47
Criminal. Affirms revocation of Jeffery Sarver’s probation.

Jerome D. Seward v. State of Indiana (mem. dec.)
33A01-1510-CR-1754
Criminal. Affirms Jerome Seward’s convictions of Level 1 felony rape, Level 3 felony criminal confinement and Level 6 felony battery.

Company v. Review Board of the Indiana Department of Workforce Development and C.H. (mem. dec.)
93A02-1511-EX-1941
Agency action. Affirms determination C.H. is entitled to unemployment compensation.

Kenneth L. Zamarron v. State of Indiana (mem. dec.)
45A03-1601-PC-141
Post conviction. Affirms dismissal of Kenneth Zamarron’s petition for post-conviction relief.
 

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