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Opinions Sept. 9, 2016

September 9, 2016

Indiana Court of Appeals
Julie R. Waterfield v. Richard D. Waterfield
92A03-1511-PL-1968
Civil plenary. Affirms trial court’s order denying Julie R. Waterford’s request to set aside her divorce decree entered in 1997 based on the allegation of fraud committed by Richard D. Waterfield while negotiating a settlement leading to the dissolution of the marriage. Finds that Julie Waterfield failed to establish that Richard Waterfield committed fraud. Finds that Richard Waterfield is entitled to an award of attorney fees.

Dustin Todd Garner v. State of Indiana
29A04-1602-CR-361
Criminal. Affirms Dustin Todd Garner’s conviction of Level 6 felony battery with moderate bodily injury. Finds that there was no serious evidentiary dispute about whether victim Patrick Knowles experienced substantial pain following the battery.

James R. Lunsford v. State of Indiana (mem. dec.)
34A02-1511-CR-2056
Criminal. Affirms trial court’s order to revoke James R. Lunsford’s previously suspended sentence for violation of the conditions of his re-entry program.

Preston Smith v. State of Indiana (mem. dec.)
71A05-1601-CR-149
Criminal. Affirms Preston Smith’s jury trial conviction for Class B felony sexual misconduct with a minor.

Connie Harrison v. Hubert Harrison (mem. dec.)
48A02-1512-DR-2274
Domestic relation. Affirms trial court decision to deny Connie Harrison’s petition to revoke and/or modify her property settlement agreement with Hubert Harrison.

Casey Dale Redman v. State of Indiana (mem. dec.)
48A05-1511-CR-1896
Criminal. Affirms trial court decision to revoke Casey Dale Redman’s probation.

In the Matter of the Termination of the Parent-Child Relationship of M.B., Father, and K.B., Child, M.B. v. Indiana Department of Child Services (mem. dec.)
82A05-1601-JT-152
Juvenile termination of parental rights. Affirms juvenile court’s decision to terminate M.B.’s rights to his child, K.B.

Levi Runnells v. State of Indiana (mem. dec.)
11A01-1601-CR-30
Criminal. Affirms Levi Runnells’ conviction for theft as a Level 6 felony.

Vernando Ross, a/k/a Randle Jackson v. State of Indiana (mem. dec.)
49A05-1510-PC-1567    
Post conviction. Affirms court’s denial of Vernando Ross, aka Randle Jackson’s, petition for post-conviction relief.

Marco Lator Smith v. State of Indiana (mem. dec.)
32A05-1512-CR-2287
Criminal. Affirms Marco Lator Smith’s sentence of eight years fully executed in the Department of Correction for resisting law enforcement as Level 6 felony, theft as a Level 6 felony and being a habitual offender.

Jerry Cross v. State of Indiana (mem. dec.)
55A01-1602-CR-316
Criminal. Affirms Jerry Cross’ jury trial convictions of one count of burglary as a Level 5 felony, one count of criminal mischief as a Class A misdemeanor and Cross’ stipulation to being an habitual offender.
 

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