Opinions July 15, 2016

July 15, 2016

Indiana Court of Appeals
Larenz Jordan v. State of Indiana

Criminal. Affirms Jordan’s convictions of 12 counts of rape and one count of conspiracy to commit rape, as Level 1 felonies; one count of Level 4 felony burglary, and one count of Level 5 felony robbery. The juvenile court, in waiving him to adult court, did not abuse its discretion as there was no error associated with the judge’s use of the phrase “criminal thinking” without reference to evidence-based measures of criminogenic behavior, where here, the elements of the waiver statute are other properly addressed and supported. Concludes his 40-year aggregate sentence is appropriate.

South Indiana Propane Gas, Inc. v. John Caffrey and Leola Caffrey
Small claims. Affirms that South Indiana Propane Gas must pay a portion of the Caffreys’ attorney fees on their breach of contract claim. Agrees that the propane company’s defense was unreasonable, groundless or in bad faith.

Pinnacle Properties Development Group, LLC v. David Daily (mem. dec.)
Small claims. Affirms $752.37 judgment in favor of residential tenant Daily in his small claims action for breach of contract.

Nicholas King v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony burglary, Class D felony theft, and Class D felony possession of a controlled substance.

Tamara Kalinowski Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation and calculation of accrued credit time.

Brian Firestone v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Firestone’s petition for modification of his 88-year sentence for Class A felonies conspiracy to commit murder and kidnapping, and class C felony sexual battery.

In the Matter of Al.G., As.G., and J.D., Jr. (Minor Children), Children in Need of Services, and C.G. (Mother) and J.D. (Father) v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms determination children are children in need of services.

Keith Hosea v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 5 felony burglary.

Brian L. Boyland, Jennifer K. Boyland, et al. v. Kenneth Hedge, et al. (mem. dec.)
Civil tort. Affirms summary judgment in favor of the Boone County defendants on inverse condemnation claims and denial of the homeowner’s motion for partial summary judgment regarding Boone County defendants’ defense of discretionary function immunity. Affirms judgment for defendants on negligence claims.

Ricky D. Wessel v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 5 felony carrying a handgun without a license.

Dolphus Ballinger v. State of Indiana (mem. dec.)
Criminal. Affirms 16-year sentence for Class B felony rape.

State of Indiana v. Monroe Liberty, LLC (mem. dec.)
Civil plenary. Dismisses state’s appeal of the denial of its motion in limine.

Oliver Furnell Clemmons v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A felony dealing in a narcotic drug and Class A misdemeanor marijuana possession.

Jesse T. Buchanan v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class C felony battery.

Mark D. Priest v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Level 6 felony residential entry, Class B misdemeanor criminal mischief and Class B misdemeanor battery.