Opinions Aug. 5, 2016

August 5, 2016
KEYWORDS Opinions / neglect

The following opinion was issued after IL deadline Thursday.
Indiana Supreme Court
Corey T. Weaver v. State of Indiana
Criminal. Grants transfer and affirms Weaver’s conviction of Class C misdemeanor failure to identity. A divided Court of Appeals reversed, but justices sided with dissenting Judge Robert Altice who wrote that the evidence was sufficient to support Weaver’s conviction.

Friday’s opinions
Indiana Court of Appeals
Jason Dean Hubbell v. State of Indiana
Post conviction. Reverses denial of a petition for post-conviction relief. Hubbell was deprived a certified copy of the court record from which to question his former counsel on his claim of ineffective assistance of counsel in his murder conviction. Remands to the post-conviction court with orders to obtain the direct appeal record and permit Hubbell to question witnesses and present arguments with the benefit of a certified Record of Proceedings.

Cory L. Montgomery v. State of Indiana
Criminal. Affirms revocation of probation. The revocation of probation following revocation of Cory Montgomery’s placement in community corrections did not violate the doctrine of res judicata and the court otherwise did not abuse its discretion.

William J. Woodford v. State of Indiana
Criminal. Remands William Woodford’s petition for sentence modification with instructions to hold a new hearing on his petition and consider it under the revised statute, I.C. § 35-38-1-17 (Supp. 2015).

In the Matter of: A.C. (Child Alleged to be in Need of Services) and K.R. (Mother); K.R. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms adjudication of child in need of services.

Darnell L. Parks v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Class D felony child solicitation.

In the Matter of the Termination of the Parent-Child Relationship of M.S. and K.S. (Children) and D.S. (Mother); D.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms involuntary termination of parental rights.

Castlewood Property Owners Association, Inc. v. Leticia Guerra-Danko (mem. dec.)
Civil plenary. Affirms on rehearing affirming of trial court’s order in favor of Guerra-Danko and restates each of the three panel judges’ opinions regarding Paragraph 12 of the restrictive covenant.

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

Tony R. Brockway v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Level 6 felony possession of a synthetic drug.

In the Matter of the Adoption of S.W.F., a Minor Child, S.D.F. v. M.C.T. (mem. dec.)
Adoption. Affirms granting of adoption petition.

Jesse Jones v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.