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Opinions Sept. 21, 2016

September 21, 2016

Indiana Court of Appeals
Andre C. Coleman v. State of Indiana
49A02-1511-CR-1999
Criminal. Vacates imposition of supplemental public defender and probation fees against Andre Coleman. Remands for further proceedings.

Charles R. Cole, III v. State of Indiana
82A01-1602-PC-304
Post conviction.Affirms denial of Charles R. Cole III’s petition for post-conviction relief.

David Heavrin, Jr. v. Sarina Kaufman Tearman (mem. dec.)
32A01-1512-DR-2317
Domestic relation. Affirms trial court’s order requiring David Heavrin Jr. to pay one-third of his daughter’s postsecondary education expenses.

K.G. v. State of Indiana (mem.. dec.)
49A02-1603-JV-414
Juvenile. Affirms K.G.’s adjudication as a delinquent child for committing what would be Level 3 felony aggravated battery if committed by an adult.

In re the Termination of the Parent-Child Relationship of: R.T., W.T, A.T., K.T., X.J., and A.J., M.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
90A04-1602-JT-302
Juvenile termination of parental rights. Affirms termination of M.C.’s parental rights to her six children.

City of Jeffersonville, Indiana, and City of Jeffersonville Sanitary Sewer Board v. Enviornmental Management Corporation (mem. dec.)
10A01-1511-PL-1967
Civil plenary. Affirms trial court’s award of attorney fees in favor of Environmental Management Corp. Finds for the third time that the trial court did not abuse its discretion in determining and calculating the attorney fees incurred and recoverable by EMC as a result of its contempt claim against the city of Jeffersonville and the City of Jeffersonville Sanitary Sewer Board.

New Palestine Plaza, Inc. v. Richards Real Estate, LLC (mem. dec.)
30A05-1512-PL-2136
Civil plenary. Dismisses New Palestine Plaza Inc.’s appeal of a trial court’s imposition of a temporary restraining order following an evidentiary hearing on Richards Real Estate LLC’s motion for proceedings supplemental.

In the Matter of the Termination of the Parent-Child Relationship of I.L. (Child) and K.D.W. (Father); K.D.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
79A02-1603-JT-464
Juvenile termination of parental rights. Affirms termination of K.D.W.’s parental rights to I.L.

Jeffrey K. Mitchell v. State of Indiana (mem. dec.)
48A02-1512-CR-2370
Criminal. Affirms Jeffrey K. Mitchell’s conviction for criminal confinement resulting in serious bodily injury, a Level 3 felony, and his adjudication as a habitual offender.

Monique J. Hartley (Mansfield) and Mark J. Mansfield v. Amity Reading (mem. dec.)
67A04-1512-CC-2239
Civil collection. Finds that the trial court erred in granting summary judgment in favor of Amity Reading. Finds that the trial court did not err in its decision not to grant Monique Mansfield’s request for continuance. Finds that Monique Mansfield has not shown prejudice, her due process rights were not violated and she received an impartial hearing. Remands matter of reasonable attorney fees for further proceedings. Judge John Baker dissents in parts and concurs in part with separate opinion.

DeAndre Jordan v. State of Indiana (mem.dec.)
49A05-1602-CR-284
Criminal. Affirms DeAndre Jordan’s conviction of disorderly conduct, a Class B misdemeanor.

Michael A. Combs v. State of Indiana (mem. dec.)
02A03-1602-PC-343
Post conviction. Affirms denial of Michael A. Combs’ petition for post-conviction relief.

Donald C. Newlin v. State of Indiana (mem. dec.)
49A02-1603-CR-493
Criminal. Reverses Donald C. Newlin’s conviction for battery with moderate bodily injury, a Level 6 felony based on double jeopardy prohibitions. Remands with instructions.

Eric Haralson v. State of Indiana (mem. dec.)
29A05-1604-CR-874
Criminal. Affirms order Eric Haralson serve three years of his previously suspended sentence for violating his probation for a second time in this case.
 

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