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Opinions Sept. 15, 2016

September 15, 2016

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Kyle Bess v. State of Indiana
09S02-1609-CR-484
Criminal. Grants state’s petition to transfer from the Court of Appeals. Affirms Kyle Bess’ sentence of three years executed in the Department of Correction imposed by the trial court after he pleaded guilty to one count of child solicitation as a Level 5 felony.

Thursday’s opinions
Indiana Court of Appeals
Mindy M. Cline v. State of Indiana
38A04-1512-XP-2221
Expungement petition. Reverses and remands denial of Mindy Cline’s petition for expungement, finding trial court abused its discretion in denying her petition. Judge Michael Barnes dissents with separate opinion.

D.B. and V.G. v. Indiana Department of Child Services
54A01-1603-JT-607
Juvenile termination of parental rights. Affirms involuntary termination of D.B and V.G.’s parental rights. Finds reasonable probability that the conditions resulting in the girls’ removal and placement out of the home will not be remedied.

Nathaniel W. Dickey v. State of Indiana (mem. dec.)
02A04-1602-CR-274
Criminal. Affirms Nathaniel W. Dickey’s conviction for Level 5 felony battery. Reverses Dickey’s Level 6 felony battery conviction. Remands with instructions to vacate the Level 6 felony battery conviction.

James Wright v. Natasha G. Wright (mem. dec.)
34A04-1601-DR-60
Domestic relation. Affirms denial of James Wright’s motion to compel discovery in the dissolution of his marriage to Natasha Wright.

Trevor Williams v. State of Indiana (mem. dec.)
25A03-1604-CR-905
Criminal. Affirms Trevor Williams’ 20-year sentence, with 10 years suspended, for conspiracy to commit arson as a Class B felony and burglary as a Class B felony, and two years for escape as a Class C felony, for an aggregate sentence of 42 years with 20 years suspended. Judge Patricia Riley dissents with separate opinion.

In re: The Grandparent Visitation of Jean Allen: Andrew Lemke and Satarah Lemke v. Jean Allen (mem. dec.)
02A03-1512-MI-2346
Miscellaneous. Affirms trial court’s decision to award Satarah Lemke attorney fees. Reverses trial court’s order to grant Jean Allen’s request for grandparent visitation and remands with instructions to craft a visitation schedule which more closely reflects the occasional visitation contemplated by the Grandparent Visitation Act.

Shaun L. Steele v. State of Indiana (mem. dec.)
20A03-1604-CR-889
Criminal. Affirms the enhancement of Shaun Steele’s sentence of eight years for receiving stolen property as a Class C felony by an additional eight years by virtue of his status as a habitual offender, with four years suspended to probation.

In the Matter of: K.S., I.S., D.S., S.S., M.S., and G.S, (Minor Children) Children in Need of Services and T.S. (Mother) and J.S. (Father) v. Ind. Dept. of Child Services (mem. dec.)
26A01-1601-JC-241
Juvenile. Reverses trial court’s order adjudicating K.S., I.S., D.S., S.S., M.S. and G.S. as children in need of services upon the petition of the Gibson County Department of Child Services. Judge Michael Barnes dissents with separate opinion.
 

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