Opinions Jan. 8, 2018

January 8, 2018

Indiana Court of Appeals
Michael P. Quirk v. Delaware County, Indiana and The Board of Commissioners of Delaware County, Indiana

Civil plenary. Affirms the grant of summary judgment in favor of Delaware County and its Board of Commissioners. Finds Delaware County’s motion for summary judgment was filed before Quick’s motion for summary judgment, and also asserted the argument and designated the evidence on which Delaware was entitled to summary judgment.

Randy Lee Higgins v. State of Indiana (mem. dec.)
Criminal. Affirms Randy Lee Higgins’ convictions of two counts of Level 6 felony possession of child pornography, Class A misdemeanor possession of a controlled substance and Level 5 felony possession of methamphetamine, and his sentence to an aggregate of seven years. Finds the Tippecanoe Superior Court did not abuse its discretion by denying Higgins’ motion for a continuance, or in the admission of evidence. Also finds Higgins’ sentence is not inappropriate based on the nature of the offenses and his character. Finally, finds Higgins was not ordered to pay more than the cost of the defense services rendered to him.

Lamarr Rondell Coleman v. State of Indiana (mem. dec.)
Criminal. Affirms Lamarr Coleman’s sentence to nine years, with three years executed on community corrections and six years suspended to probation, for his conviction of Level 3 felony robbery. Finds Coleman’s sentence is not inappropriate.

Ken Kocinski v. Jane Cotton, Eighth Street Rentals, LLC (mem. dec.)
Miscellaneous. Dismisses Ken Kocinski’s appeal of the Madison Circuit Court’s “Order Extending Emergency Injunction and Temporary Restraining Order and Denial of Change of Judge.” Finds all of the issues presented are moot.