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Opinions April 18, 2017

April 18, 2017

Indiana Court of Appeals
Wanda Roberts, et al. v. Anthony W. Henson
10A01-1607-PL-1647
Civil plenary. Reverses summary judgment in favor of Anthony Henson on the Robertses’ lawsuit claiming the construction of his home on a lot in their subdivision violated the neighborhood’s restrictive covenants. Affirms Henson’s home did not violate the covenants against barns or other outbuildings being used a residence, but finds questions of material fact regarding whether his home’s height and garage size violate the covenants.

Luther T. Collins v. Metro Real Estate Services, LLC
88A05-1510-PL-1797
Civil plenary. Affirms order finding an easement exists across Luther Collins’ property for the benefit of adjacent property owned by Metro Real Estate Services LLC. The trial court did not abuse its discretion in reaching that conclusion.

H.K. v. S.C. (mem. dec.)
49A04-1606-PO-1466
Protective order. Remands for the trial court to make findings required by Trial Procedure Rule 52(A) or Indiana case law regarding the protective order granted to S.C.

William D. Wyatt, Jr. v. State of Indiana (mem. dec.)
84A01-1609-CR-2219
Criminal. Reverses William Wyatt’s conviction for Level 5 felony battery by means of a deadly weapon because his convictions for both that and Level 3 felony aggravated battery violate the prohibition against double jeopardy. Remands with instructions to vacate the Level 5 felony conviction.

Lynn Kohne v. State of Indiana (mem. dec.)
01A02-1608-CR-1973
Criminal. Reverses Lynn Kohne’s sentence for two counts of Level 5 felony causing death while driving with an ACE greater than 0.08. His aggregate 12-year sentence is inappropriate in light of the nature of the offenses and his character. Remands for an aggregate sentence of eight years in the Department of Correction, with two years suspended to probation.

Le Gia Hoang v. State of Indiana (mem. dec.)
22A01-1610-CR-2329
Criminal. Affirms Le Gia Hoang’s convictions and sentence for Level 5 felony dealing in marijuana and Level 6 felony maintaining a common nuisance. The evidence supports an inference he has participated in a drug trafficking operation spanning multiple states.

CHINS: S.S. v. Indiana Department of Child Services, et al. (mem. dec.)
49A02-1610-JC-2413
Juvenile. Affirms the adjudication of I.K. as a child in need of services. Holds the “No Reasonable Efforts Statute” is not unconstitutional as applied to mother S.S., and the juvenile court did not abuse its discretion.
 

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