Opinions Sept. 14, 2017

Keywords Opinions

Indiana Court of Appeals
Evelyn Messmer v. KDK Financial Services, Inc., et al.
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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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