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Opinions Sept. 14, 2017

September 14, 2017

Indiana Court of Appeals
Evelyn Messmer v. KDK Financial Services, Inc., et al.
53A01-1701-PL-139
Civil plenary. Affirms summary judgment in favor of KDK Financial Services and Fred Kern. The continuing representation doctrine is not applicable to financial advisers or fraud allegations, and no genuine issue of material fact exists establishing that the defendants fraudulently misrepresented the surrender of insurance annuities.

Melton Ortiz v. Jonathan's Landing Community Association, Inc. (mem. dec.)
02A05-1704-SC-828
Small claims. Affirms ruling in favor of Jonathan’s Landing in a dispute over association dues, ordering Melton Ortiz to pay $138.21 in debt plus $529.45 in attorney fees and costs.

Webster Bradley Campbell v. State of Indiana (mem. dec.)
49A02-1611-CR-2648
Criminal. Affirms Class A misdemeanor conviction of carrying a handgun without a license, finding the evidence sufficient to support the conviction.

Joseph A. Brock v. State of Indiana (mem. dec.)
33A01-1705-CR-1198
Criminal. Affirms trial court order imposing a 198-day sentence in the Henry County Jail for Joseph Brock’. The trial court did not abuse its discretion by imposing the sanction in finding Brock violated the terms of community correction after he was charged with misdemeanor possession of marijuana, provided positive drug screens and failed to complete a substance abuse program.
 
Darrell Daniels v. State of Indiana (mem. dec.)
49A02-1703-CR-522
Criminal. Affirms conviction of Class A felony neglect of a dependent. The evidence was sufficient to support the conviction.

Michael Shirley, Jr. v. State of Indiana (mem. dec.)
49A04-1611-CR-2514
Criminal. Affirms conviction of murder. Evidence was sufficient to rebut Michael Shirley’s claim of self-defense, and the combination of a jury instruction and a prosecutor’s statement did not produce fundamental error.

Terrance L. Mitchem v. State of Indiana (mem. dec.)
71A05-1702-CR-415
Criminal. Affirms denial of motion to correct erroneous sentence. The trial court did not abuse its discretion in so ruling.

Jermell Dionte Moore v. State of Indiana (mem. dec.)
45A03-1704-CR-879
Criminal. Reverses revocation of community correction and placement in the Department of Correction, finding the trial court denied Jermell Dionte’s right to allocution. Remands for a new hearing.

In re Termination of the Parent-Child Relationship of B.D. (Minor Child) and B.D. (Father) v. The Indiana Department of Child Services (mem. dec.)
http://www.in.gov/judiciary/opinions/pdf/09141701pdm.pdf
55A04-1703-JT-679
Juvenile. Affirms termination of parental rights, finding the Department of Child Services proved the required elements by clear and convincing evidence.

 

 

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