Opinions Aug. 22, 2017

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Indiana Court of Appeals
Amanda Dill v. State of Indiana
59A01-1610-CR-2449
Criminal. Affirms trial court denial of Amanda Dill’s motion to dismiss charges of Level 2 felony dealing in methamphetamine, Level 6 felony maintaining a common nuisance, and Class B misdemeanor possession of marijuana. While Dill was convicted of related federal charges of conspiracy to distribute methamphetamine, her state court prosecution is not double jeopardy because the facts alleged in Orange Circuit court do not constitute the same conduct for which she was prosecuted in federal court.

Robert Hrezo, et al. v. City of Lawrenceburg
15A01-1612-CT-2957
Civil tort. Affirms jury trial verdict in favor of the City of Lawrenceburg on Robert Hrezo and Hrezo Engineering Inc.’s claim of defamation per quod, and the trial court’s grant of summary judgment for the city on Hrezo’s claims of tortious interference and defamation per se. The trial court did not abuse its discretion by disallowing some of Hrezo’s expert testimony and proposed verdict form.  

Brionna McCloud v. State of Indiana (mem. dec.)
49A05-1606-CR-1194
Criminal. Affirms the trial court restitution order in Brionna McCloud’s guilty plea to misdemeanor counts of battery and leaving the scene of an accident. Finds the trial court did not abuse its discretion in imposing restitution and fees. Remand with instructions for the trial court to provide McCloud a written copy of her terms of probation.

State of Indiana v. Codee Lamaster (mem. dec.)
72A01-1702-CR-227
Criminal. Reverses trial court grant of sentence modification and remands to the trial court to deny Codee Lamaster’s petition. The trial court’s order is not supported by statute or terms of the plea agreement accepted and imposed by the trial court.

Hiram Bankhead v. State of Indiana (mem. dec.)
49A02-1701-CR-88
Criminal. Affirms conviction of Class A misdemeanor possession of a controlled substance and Class C misdemeanor displaying an altered interim license plate. The evidence was sufficient to support the conviction.

CHINS: A.J. v. Indiana Department of Child Services (mem. dec.)
62A01-1701-JC-142
Juvenile. Affirms determination that J.J. is a child in need of services. Evidence is sufficient to support findings that the child’s physical or mental condition is seriously impaired or endangered, and that coercive intervention of the court is necessary.

Charles Foster v. State of Indiana (mem. dec.)
49A02-1703-CR-618
Criminal. Affirms conviction of Class C felony criminal confinement, rejecting Charles Foster’s challenge to the admission of a recorded 911 call.

Taccasia Porter v. State of Indiana
49A02-1703-CR-572
Criminal. Reverses conviction of Class B misdemeanor possession of marijuana. An Indianapolis Metropolitan Police officer who reached her hand down the front of Taccasia Porter’s pants in a roadside search after smelling marijuana conducted an unduly invasive search that was unreasonable under the Indiana Constitution. Judge Robert Altice concurs with separate opinion.

Kyle Yoquelet v. State of Indiana (mem. dec.)
57A03-1611-CR-2550
Criminal. Reverses the trial court’s written sentencing order on Kyle Yoquelet’s convictions of misdemeanor counts of driving while suspended and carrying a handgun without a license. Remands to correct and clarify its written order to conform with its oral sentencing statement that the sentences be imposed concurrently, but consecutively to any sentence in another criminal case.

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