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Opinions Oct. 20, 2016

October 20, 2016

Indiana Court of Appeals
State of Indiana v. Tyson Timbs and a 2012 Land Rover LR2
27A04-1511-MI-1976
Miscellaneous/civil forfeiture. Majority affirms trial court ruling that the forfeiture of Tyson Timbs’ 2012 Land Rover was a constitutionally excessive fine when the state sought to seize the vehicle after he was charged with two counts of Class B felony dealing in a controlled substance and one count of Class D felony conspiracy to commit theft.  Dissenting Judge Michael Barnes would reverse the trial court and grant the State’s forfeiture request.

James A. McGee v. Shanna Kennedy
49A04-1605-CT-1076
Civil tort. Dismisses for lack of jurisdiction James McGee’s interlocutory appeal on a complaint filed after an automobile crash. The procedures employed in the trial court did not result in a final judgment that disposed of all claims as to all parties, and the trial court purportedly granted a motion to dismiss while the matter was pending before the Court of Appeals.

Elexus Lloyd v. State of Indiana (mem. dec.)
49A05-1602-CR-255
Criminal. Affirms conviction of two counts of theft and one count of battery resulting in bodily injury, all Class A misdemeanors.

Clifford M. Lawrence v. State of Indiana (mem. dec.)
49A02-1602-CR-336
Criminal. Affirms conviction and sentence for Class B misdemeanor public intoxication. Reverses trial court order that Clifford Lawrence pay $220 in probation fees and a $50 supplemental public defender fee. Remands for proceedings to determine his ability to pay the fees.

Ra'Dreeka Gillespie v. State of Indiana (mem. dec.)
49A02-1603-CR-577
Criminal. Affirms conviction of Class A misdemeanor battery.

Bernie C. Harmon v. State of Indiana (mem. dec.)
13A01-1509-CR-1513
Criminal. Affirms 80-year sentence and convictions of two counts of Class B felony sexual misconduct with a minor, two counts of Class C felony sexual misconduct with a minor, Class C felony child molesting, two counts of Class B felony vicarious sexual gratification, Class C felony vicarious sexual gratification, four counts of Class D felony neglect of a dependent, Class C felony battery, two counts of Class D felony battery, and Class A misdemeanor battery.

Johnny Dutrayl McSwain v. State of Indiana (mem. dec.)
46A03-1510-CR-1812
Criminal. Affirms 120-year aggregate sentence and conviction of murder, Level 1 felony attempted murder, and level 2 felony conspiracy to commit murder.

Michael A. Wilson v. State of Indiana and Allen County Courts (mem. dec.)
02A03-1603-CR-661
Criminal. Affirms judgments in favor of Allen County Courts on Michael Wilson’s claims for punitive damages alleging the clerk was negligent in allegedly failing to provide notice to the Indiana State Police that a habitual traffic offender case against him was dismissed with prejudice.  

Sondra Rabin v. S.T.M. Enterprises, LLC (mem. dec.)
45A04-1604-SC-958
Small claims. Affirms $575 small claims judgment in favor of S.T.M. Enterprises.

Jeffrey S. Heironimus v. State of Indiana (mem. dec.)
82A05-1602-PC-391
Post-conviction. Affirms denial of post-conviction relief.

Eric Leo Kamradt v. Theresa Ann Kamradt (mem. dec.)
49A02-1603-DR-597
Domestic relation. Affirm trial court order that modified the asset distribution to give more property to Theresa Kamradt.

Timothy Hooker v. State of Indiana (mem. dec.)
49A02-1602-CR-384
Criminal. Affirms Timothy Hooker’s conviction of Class A misdemeanor conversion, but remands to the trial court to conduct an indigency hearing before assessing fees.

State of Indiana v. Kevin Ford (mem. dec.)
10A05-1604-CR-820
Criminal. Reverses the dismissal of charging information accusing Kevin Ford of Level 6 felony operating a vehicle as a habitual traffic violator, finding the trial court abused its discretion in dismissing the case for an alleged lack of probable cause. Remands for proceedings.

Elijah Roberson v. State of Indiana (mem. dec.)
45A03-1602-CR-456
Criminal. Affirms conviction of Class A felony child molesting.

Dyshaun Tyrell Elliott v. State of Indiana (mem. dec.)
18A04-1603-CR-560
Criminal. Affirms 12-sentence for conviction of Class B felony dealing in cocaine.

 

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