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Opinions Oct. 5, 2017

October 5, 2017

Indiana Court of Appeals
Marquell M. Jackson v. State of Indiana
82A04-1609-CR-2074
Criminal. Reverses Marquell M. Jackson’s sentencing enhancement for being found to have been a member of a criminal gang and his convictions for robbery as a Level 2 felony and aggravated battery as a Level 3 felony. Finds the Vanderburgh Circuit Court committed fundamental error when it permitted the state to amend the charge on the criminal gang enhancement such that the charge no longer stated an offense under Indiana law. Also finds Jackson’s convictions of robbery as a Level 2 felony and aggravated battery as a Level 3 felony violate Indiana’s prohibitions against double jeopardy because they were enhanced by the same bodily injury as Jackson’s conviction for burglary. Remands with instructions for the trial court to vacate the criminal gang enhancement, to enter judgment of conviction for robbery as a Level 5 felony and battery as a Class B misdemeanor and to resentence Jackson accordingly.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: C.H. (Minor Child) C.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A04-1705-JT-1144
Juvenile termination of parental rights. Affirms the termination of C.C.’s parent-child relationship with C.H. Finds the evidence is sufficient to support the juvenile court’s conclusion that continuation of the parent-child relationship poses a threat to C.H.’s well-being.

Edward B. Armstrong v. State of Indiana (mem. dec.)
86A03-1703-CR-720
Criminal. Affirms Edward Armstrong’s sentence to three years for his conviction of theft as a Class D felony. Finds Armstrong’s sentence is not inappropriate.

Nirmal Joshi, M.D. v. Apollo Medical Group, LLC; Nirmal Joshi, M.D. v. Ayman Elfar, M.D. and Candido Guiao, M.D. (mem. dec.)
82A01-1612-CT-2842
Civil tort. Affirms the grant of a preliminary injunction against Dr. Nirmal Joshi on behalf of Apollo Medical Group LLC. Finds Joshi’s conduct was not sanctioned by a provision in Apollo’s operating agreement. Also finds the Vanderburgh Superior Court did not err in granting the preliminary injunction.

Michael French v. State of Indiana (mem. dec.)
48A02-1608-CR-1778
Criminal. Affirms Michael French’s convictions for two counts of Class A felony child molesting, one count of Class B felony incest, three counts of Class C felony incest and five counts of Class C felony child molesting and his sentence to an aggregate term of 95 years’ imprisonment. Finds the Madison Circuit Court did not err in denying French’s motion to sever. Also finds French’s sentence is not inappropriate.

Brooke Mosier v. Derrick Pickett (mem. dec.)
47A05-1702-DR-224
Domestic relation. Affirms the grant of physical and legal custody of Brooke Mosier’s three minor children to her ex-husband, Derrick Pickett. Finds the Lawrence Superior Court did not err when it found that a modification of custody was in the children’s best interests or when it allowed a guardian ad litem to testify at the final hearing.

 

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