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Opinions July 12, 2016

July 12, 2016

Indiana Supreme Court
Victor Roar v. State of Indiana
49S02-1607-CR-372
Criminal. Affirms Victor Roar’s Class A misdemeanor intimidation conviction. Grants transfer and incorporates by reference the portion of the Court of Appeals opinion on sufficiency of the evidence and affirms the trial court. Summarily affirms the COA opinion addressing the admission of other evidence.

Indiana Court of Appeals
Adrian Anthony v. State of Indiana
49A02-1505-CR-369
Criminal. Affirms in part and reverses in part Anthony’s convictions and 298-year aggregate sentence stemming from a home invasion, burglary, sexual assault, carjacking and robbery rampage on Indianapolis’ north side in 2013. A jury convicted Anthony on 28 counts. Convictions were entered on two counts of rape, three counts of criminal deviate conduct, robbery and burglary all as Class A felonies; robbery and three counts of carjacking as Class B felonies; and robbery as a Class C felony, and he received an aggregate sentence of 298 years in prison. Affirms all convictions but orders Anthony’s Class A robbery convictions reduced to a Class B felony because the same injury to a victim was used to enhance a burglary conviction. The sentence accordingly is ordered reduced to 268 years.

In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney and Patrick Kinney v. Paul Kevin Kinney
34A02-1510-GU-1809
Guardianship. Affirms finding that Helen Kinney Morris is incapacitated. Reverses the decision to appoint guardians since the court does not appear to have considered the effort of the power of attorney enacted in 2004. Remands to give due consideration of Indiana Code 29-3-5-5 including Morris' wishes and her existing attorneys in fact.

Kenneth Williams v. State of Indiana (mem. dec.)
15A01-1511-CR-1899
Criminal. Affirms conviction for two counts of rape, attempted rape, criminal confinement, and being a habitual offender. Finds the court did not error by admitting into evidence phone calls Williams made from jail, and that the evidence is sufficient to support the conviction for criminal confinement. Also affirms his 52-year aggregate sentence.  

Roy Chaoran Sun v. State of Indiana (mem. dec.)
79A02-1512-CR-2180
Criminal. Affirms denial of Sun’s petition to convert his felony convictions connected to a grade-changing scheme at Purdue University to misdemeanors. Finds Sun cannot seek such relief while he is still on probation.  
 
In re the Adoption of K.C.: C.C. v. S.H. and L.H. (mem. dec.)
73A04-1509-AD-1482
Adoption. Reverses adoption which resulted in the involuntary termination of parental rights. Remands to determine whether the biological mother is indigent.

Edward Hearn v. Anna Hearn (mem. dec.)
64A05-1504-DR-280
Domestic relations. Affirms trial court’s rulings on property division, spousal maintenance, child support and attorney fees.

Regina N. Miller v. State of Indiana (mem. dec.)
18A02-1511-CR-1938
Criminal. Affirms the order quashing Miller’s request that the trial court issue a subpoena and affirms admission of Miller’s text messages. Remands with instructions to vacate Miller’s conviction for Class D felony obstruction of justice on the grounds that the conviction for Class C felony assisting a criminal violated Indiana constitutional prohibitions against double jeopardy.

Gateway West Townhouse Association v. George Palmer (mem. dec.)
49A02-1510-PL-1687
Civil plenary. Affirms denial of Gateway’s Trial Rule 60(B) motion for relief from judgment. Finds the evidence that Gateway now raises could have been presented during the original proceeding.

 

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