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Opinions Sept. 27, 2017

September 27, 2017

Indiana Court of Appeals
Nicholaus Knecht v. State of Indiana
06A05-1701-CR-131
Criminal. Affirms the revocation of Nicholaus Knecht’s probation and order he serve his suspended sentence in community corrections. The state proved Knecht violated his probation and he failed to show he was deprived due process.
 
21st Amendment, Inc. v. Indiana Alcohol & Tobacco Commission
49A05-1612-PL-2863
Civil plenary. Affirms the order granting Indiana Alcohol & Tobacco Commission’s motion to dismiss, finding the trial court properly dismissed 21st Amendment’s petition for judicial review of an administrative decision by the commission on the basis that 21st Amendment lacks standing.

In re D.F., Kn.L., Ka.L. and M.M., Children Alleged to Be in Need of Services, L.T. (Mother) v. Indiana Department of Child Services
82A04-1704-JC-869
Juvenile. Affirms determination minor children are children in need of services. Finds the Department of Child Services presented sufficient evidence to support that determination. Finds the trial court magistrate lacked authority to enter a final dispositional order, but since neither party raised that issue, it has been waived.

Robert Jenkins v. State of Indiana (mem. dec.)
49A04-1510-PC-1787
Post conviction. Affirms dismissal of Robert Jenkins’ petition for post-conviction relief. The PCR court did not abuse its discretion in denying his motion to continue the evidentiary hearing or his motion to appoint counsel. He failed to show the court erred in determining Jenkins had not exhausted his administrative remedies.

William Reiske v. State of Indiana (mem. dec.)
02A03-1702-CR-377
Criminal. Affirms 10-year sentence for Class B felony criminal deviate conduct and Class A misdemeanor contributing to the delinquency of a minor. The trial court did not abuse its discretion in denying William Reiske’s petition for modification of his sentence.

Michael T. Monnier v. State of Indiana (mem. dec.)
92A04-1704-CR-835
Criminal. Affirms Michael Monnier’s Class C felony child molesting conviction, finding the state produced sufficient evidence to sustain a conclusion he molested the victim within the charged period of time.

Julius Gordon v. State of Indiana (mem. dec.)
49A02-1704-CR-674
Criminal. Affirms Julius Gordon’s convictions for murder and carrying a handgun without a license. Remands with instructions to amend the sentencing order or abstract of judgment to reflect Gordon’s conviction of carrying a handgun without a license is a Class A misdemeanor.

Anthony J. Cooper v. State of Indiana (mem. dec.)
02A03-1702-CR-410
Criminal. Affirms Anthony Cooper’s convictions of Level 2 felony dealing in cocaine or narcotic drug, Level 6 felony maintaining a common nuisance, Class A misdemeanor possession of a controlled substance and Class B misdemeanor possession of marijuana. The trial court did not abuse its discretion when it admitted evidence officers discovered while executing a search warrant.

Jhontay L. Whitesides v. State of Indiana (mem. dec.)
84A05-1703-CR-516
Criminal. Affirms revocation of Jhontay Whitesides’ probation, finding the trial court did not abuse its discretion when it ordered him to serve seven years of his previously suspended sentence in the Department of Correction.

Timothy Bennington v. State of Indiana (mem. dec.)
55A01-1703-PC-708
Post conviction. Affirms the denial of Timothy Bennington’s motion for relief from judgment under Trial Rule 60(B). The court did not abuse its discretion by not holding a hearing in 2010 prior to dismissing his petition for post-conviction relief.

Dabian D. Boyd v. State of Indiana (mem. dec.)
71A03-1702-PC-357
Post conviction. Affirms the denial of Dabian Boyd’s petition for post-conviction relief on two counts of murder. Finds he did not receive ineffective assistance of trial or direct appeal counsel. Judge Margret Robb concurs in result with opinion.

Michael W. Shipman v. Angela L. (Shipman) Tanksley (mem. dec.)
29A05-1706-DR-1213
Domestic relation. Affirms in part and reverses in part the petition to modify custody. Reverses the portion that modified joint legal custody and awarded sole legal custody to the mother. Affirms in all other respects.

Richard Dodd v. State of Indiana (mem. dec.)
71A03-1706-CR-1211
Criminal. Affirms order denying Richard Dodd’s motion to modify his sentence. The trial court did not err in concluding the state’s consent to the filing was required.

Aaron T. Coleman v. State of Indiana (mem. dec.)
49A02-1704-CR-670
Criminal. Reverses $100 supplemental public defender fee imposed after a probation violation hearing in which Aaron Coleman was found to be indigent to all outstanding balances. Remands for the issuance of an amended sentencing order.

 

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