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Opinions Oct. 17, 2016

October 17, 2016
KEYWORDS Opinions

Indiana Court of Appeals
Charles J. Davis Sr. v. Jay Phelps, Bartholomew County Clerk

03A01-1604-PL-928
Civil plenary. Reverses Bartholomew Circuit Court’s order dismissing Charles J. Davis Sr.’s complaint for failure to make a timely payment of fees. Finds that Davis should have been given 45 days to make the payment, but was only given 30 days. Remands with instructions for Davis to re-send the filing fee of $17.18 within 45 days.

Mark T. Hager v. State of Indiana (mem. dec.)
33A04-1604-CR-759
Criminal. Affirms Mark T. Hager’s conviction for invasion of privacy as a Level 6 felony. Finds that evidence of probative value was presented from which the jury could find beyond a reasonable doubt that Hager committed the offense of invasion of privacy.

Tyrice Halliburton v. State of Indiana (mem. dec.)
20A03-1604-PC-685
Post conviction. Affirms the denial of Tyrice Halliburton’s petition for post-conviction relief. Finds that the performance of Halliburton’s trial counsel was not deficient.

Mark A. Drescher v. State of Indiana (mem. dec.)
19A01-1602-CR-298
Criminal. Affirms Mark Drescher’s conviction for Level 5 felony intimidation and his sentence of six years imprisonment. Finds that the evidence is sufficient to support Drescher’s conviction and that his sentence is not inappropriate.

Warren Parks v. State of Indiana (mem. dec.)
89A04-1605-PC-1114
Post conviction. Affirms the Wayne Superior Court’s denial of Warren Parks’ petition for habeas corpus and his motion for relief from judgment. Finds that the trial court did have subject matter jurisdiction.

Matthew S. Wagoner v. State of Indiana (mem. dec.)
30A04-1603-CR-671
Criminal. Affirms Matthew Wagoner’s convictions for murder and Level 6 felony neglect of a dependent and his sentence to 65 years for the murder conviction and a consecutive term of 2½ years for the neglect conviction, with 2½ years suspended to probation. Finds that the evidence is sufficient to support Wagoner’s convictions and that his sentence is not inappropriate.

Jeffrey S. Heironimus v. State of Indiana (mem. dec.)
82A01-1602-PC-394
Post conviction. Affirms the denial of Jeffrey Heironimus’ petition for post-conviction relief. Finds that Heironimus was not clearly denied effective assistance of trial and appellate counsel.
 

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