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Opinions March 22, 2017

March 22, 2017

Indiana Supreme Court
The following opinion was posted after IL deadline Tuesday:
Consumer Attorney Services, P.A., The McCann Law Group LLP, and Brenda L. McCann, Individually and as Owner and/or Officer of Consumer Attorney Services, P.A., et al. v. State of Indiana
49S05-1703-PL-161
Civil plenary. Affirms the denial of the defendants’ motion for summary judgment, in which they claimed they are all expressly or impliedly exempt from liability under each of the four statutes cited by the state in this lawsuit. None of the defendants properly fit within these exemptions.

Wednesday’s opinions
Indiana Court of Appeals
Lisa Gill, et al. v. Jeffrey B. Gill, et al.
20A03-1607-DR-1569
Domestic relation. Affirms the statutory authority allowing a trial court to order a divorced parent to contribute to his/her child’s post-secondary educational expenses is constitutional. Finds no abuse of discretion by the trial court with regard to crediting Jasen Simcox for certain nonconforming child support payments and basing his post-secondary education obligation on the cost of a public university rather than the private one his daughter attends.

Corey A. McAlpin v. State of Indiana
39A01-1606-CR-1417
Criminal. Vacates Corey McAlpin’s Level 4 felony dealing in meth conviction and remands with instructions to enter judgment of conviction for Level 5 felony dealing in meth and to resentence him accordingly. The state failed to prove beyond a reasonable doubt that it was reasonably expected that children would be present at the park at the time of the offense. Judge Bradford dissents with opinion.

Robert A. Ellington, III v. State of Indiana (mem. dec.)
84A01-1608-CR-1755
Criminal. Affirms order Robert Ellington serve his previously suspended sentence in the Department of Correction after his probation was revoked.

John Edward Williams v. State of Indiana (mem. dec.)
49A05-1608-CR-1919
Criminal. Affirms conviction of Class B misdemeanor criminal recklessness, finding sufficient evidence to support John Edward Williams acted recklessly.

Stephen Roberts v. State of Indiana (mem. dec.)
49A04-1609-CR-2011
Criminal. Affirms Stephen Roberts’ conviction of Class B misdemeanor public intoxication, finding the state presented sufficient evidence to rebut his defense of necessity.

Michael Jurell Jones v. State of Indiana (mem. dec.)
71A03-1604-CR-713
Criminal. Affirms Michael Jones’ murder conviction, finding, among other things, the state presented sufficient evidence to negate beyond a reasonable doubt at least one of the elements of Jones’ self-defense claim.

Kenneth Scott v. State of Indiana (mem. dec.)
49A04-1607-CR-1612
Criminal. Affirms Kenneth Scott’s conviction of Level 6 felony theft, finding sufficient evidence of his intent to commit the offense.

Ronald Tolliver v. State of Indiana (mem. dec.)
63A05-1610-CR-2321
Criminal. Affirms Ronald Tolliver’s three-year advisory sentence after his guilty plea to Level 5 felony child solicitation, finding the advisory sentence is not too high given the circumstances of the case. Judge Baker concurs with separate opinion.

Trevor J. Laughman v. State of Indiana (mem. dec.)
20A04-1608-CR-2003
Criminal. Affirms 2½-year sentence imposed for Level 6 felony possession of cocaine, finding the sentence is not inappropriate.

 Latosha Price v. State of Indiana (mem. dec.)
49A02-1609-CR-2010
Criminal. Affirms as part of Latosha Price’s plea agreement that she should pay restitution to Jermane Douthit.

Billy Neeley v. State of Indiana (mem. dec.)
66A03-1608-CR-1933
Criminal. Vacates Billy Neeley’s conviction of Level 6 felony battery in the presence of a child and affirms his conviction and sentence for Level 6 felony domestic battery based on double jeopardy violations.

Austin Jay Huffman v. State of Indiana (mem. dec.)
76A03-1609-CR-2186
Criminal. Affirms Austin Huffman’s 2½-year sentence after his guilty plea to Level 6 felony possession of a precursor by a meth offender. The sentence is not inappropriate in light of the nature of the offense and Huffman’s character.

John F.M. Shaw v. State of Indiana (mem. dec.)
73A01-1609-CR-2204
Criminal. Affirms John Shaw’s convictions of Class A felony child molesting and Class D felony child solicitation. The state presented sufficient evidence to support the convictions.

William Harvey Ellis, Sr. v. State of Indiana (mem. dec.)
02A05-1611-CR-2609
Criminal. Affirms the denial of William Ellis’ motion to correct an erroneous sentence, finding any error in the trial court’s 1996 judgment of conviction is deemed to have been corrected by the presumption set forth in Robinson v. State, 805 N.E.2d 783 (Ind. 2004).

 

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