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Opinions Jan. 18, 2018

January 18, 2018
KEYWORDS Opinions

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:  
Jessica McCain v. State of Indiana 
18S-CR-26 
Criminal. Grants transfer and affirms Jessica McCain’s sentence of 40 years, with 38 years executed and two years suspended to probation, for her conviction of Level 1 felony child molesting. Finds the judgment imposed by the Tippecanoe Superior Court is not inappropriate. Justice Geoffrey Slaughter votes to deny transfer. 

Thursday opinions 
Indiana Court of Appeals 
Dayne J. Marshall v. Angela M. Marshall 
85A02-1706-DR-1503 
Domestic relation. Affirms the Wabash Superior Court’s contempt finding and the denial of Angela Marshall’s request for attorney fees. Reverses the exclusion of all of Dayne Marshall’s overtime and additional income. Finds the record contains some facts supporting the trial court’s finding that Angela Marshall is voluntarily underemployed, but declines to make a factual determination regarding the extent to which she is voluntarily underemployed and the income that should be attributed to her weekly gross income. Also finds the trial court erred in finding all of Dayne Marshall’s overtime and additional income should be excluded from his weekly gross income. Remands for a determination of Angela and Dayne Marshall’s weekly gross incomes and for entry of an amended weekly child support obligation determination of the amount owed by either party based upon the evidence. Finally, finds the trial court did not err in finding Angela Marshall in contempt or in denying her request for attorney fees.

Marlon M. Banks v. State of Indiana (mem. dec.) 
20A05-1612-CR-2872 
Criminal. Affirms the denial of Marlon M. Banks’ sentence modification petition. Finds the Elkhart Superior Court did not abuse its discretion in denying his petition to modify his 44-year sentence, with 30 years executed in the Department of Correction and 14 years suspended to probation, for his conviction of 12 counts of Class C felony forgery. 

Jonathan J. Owens v. State of Indiana (mem. dec.) 
49A02-1707-CR-1564 
Criminal. Affirms Jonathan J. Owens’ conviction of possession of cocaine as a Level 4 felony and the finding that he was a habitual offender. Finds sufficient evidence was presented to support Owens’ conviction. Also finds the Marion Superior Court did not abuse its discretion when it denied Owens’ request for a mistrial. 

Anthony Taylor v. State of Indiana (mem. dec.) 
49A02-1701-CR-195 
Criminal. Affirms the denial of Anthony Taylor’s motion for jail credit time. Finds the Marion Superior Court properly denied Taylor’s motion, as the 93 days of pre-trial jail credit he was awarded at sentencing was proper.

Clint Richardson v. State of Indiana (mem. dec.) 
49A04-1707-CR-1567 
Criminal. Affirms the jury’s determination that Clint Richardson is a habitual offender. Finds the jury was sufficiently informed of the law, so any error related to Article I, Section 19 of the Indiana Constitution did not deprive Richardson of fundamental due process. 

J.G. v. State of Indiana (mem. dec.) 
49A02-1709-JV-2004 
Juvenile. Affirms J.G.’s adjudication as a delinquent child for committing what would be Class A misdemeanor theft if committed by an adult. Finds any error the juvenile court committed in the admission of evidence was harmless.

Dennis D. Patterson, III v. State of Indiana (mem. dec.) 
18A05-1705-CR-948 
Criminal. Affirms Dennis D. Patterson, III’s sentence to four years’ incarceration for his conviction of Level 5 felony battery resulting in serious bodily injury. Finds the Delaware Circuit Court did not abuse its discretion in sentencing Patterson. 

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