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Opinions May 15, 2017

May 15, 2017

The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
DS v. AR (mem. dec.)
29A05-1608-PO-1893
Protective order. Affirms the Hamilton Superior Court’s issuance of a protective order. Finds the evidence supports the trial court’s order and D.S. has not presented a case of prima facie error.

Monday’s opinions
Indiana Court of Appeals

Tyre Mark Bradbury v. State of Indiana (mem. dec.)
71A05-1606-CR-1280
Criminal. Reverses Tyre Mark Bradbury’s sentence to an aggregate of 90 years for murder as an accessory as part of a criminal gang. Finds the St. Joseph Superior Court properly considered the facts and circumstances of the case in imposing a sentence that is within statutory limits, but Bradbury’s sentence is constitutionally disproportionate to the nature of the offense and his companions’ culpability for J.S.’s death. Remands with instructions to resentence Bradbury for a total sentence of 60 years. Chief Judge Nancy Vaidik concurs and dissents in part with separate opinion.

Termination: C.T. v. Indiana Department of Child Services (mem. dec.)
32A05-1610-JT-2398
Juvenile termination of parental rights. Affirms the termination of C.T.’s parental rights to A.S. Finds the evidence was sufficient to support the termination of C.T.’s parental rights.

Kevin L. Govan v. State of Indiana (mem. dec.)
02A04-1608-CR-1880
Criminal. Affirms the denial of Kevin Govan’s motion to correct erroneous sentence. Finds any error in Govan’s sentence to an aggregate of 40 years for conviction of two counts of Class B felony criminal confinement is not “clear from the face of the judgment.”

 

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