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Opinions March 28, 2018

March 28, 2018

Indiana Court of Appeals
Ben Yisrayl v. Sgt. Reed

46A03-1706-SC-1524
Small claims. Affirms the denial and dismissal of Chijioke Bomani Ben Yisrayl’s claim in replevin. Finds Sgt. Reed is entitled to summary judgment as a matter of law.

Christapher Batchelor v. State of Indiana
11A01-1707-CR-1574
Criminal. Reverses Christapher Batchelor’s conviction of Level 6 felony resisting law enforcement by fleeing in a vehicle. Affirms Batchelor’s convictions of Level 5 felony battery on a law enforcement officer and Class A misdemeanor resisting law enforcement. Finds the jury instruction on “fleeing” was fundamentally erroneous. Also finds Batchelor did not present an argument as to how the instructional error would impact his Level 5 felony and Class A misdemeanor convictions. Remands for further proceedings.
 
David J. Baysinger v. State of Indiana (mem. dec.)
46A04-1710-CR-2433
Criminal. Affirms David J. Baysinger’s 2½-year sentence for his conviction of Level 6 felony possession of child pornography. Finds the LaPorte Superior Court did not abuse its discretion when sentencing Baysinger.

David Barbee v. State of Indiana (mem. dec.)
49A04-1707-PC-1555
Post-conviction. Affirms the denial of David Barbee’s petition for post-conviction relief. Finds Barbee did not receive ineffective assistance of trial or appellate counsel.

In re the Marriage of Paul A. Magura v. Lisa L. Magura (mem. dec.)
64A04-1708-DR-1852
Domestic relation. Affirms the finding that Paul A. Magura’s ex-wife, Lisa A. Magura, had paid him in accordance with their marital settlement agreement and the order for Paul Magura to pay attorney fees. Finds the Porter Superior Court did not err.
     
Richard J. Campos v. State of Indiana (mem. dec.)
69A01-1710-CR-2450
Criminal. Affirms Richard J. Campos’ 30-year sentence for his conviction of Level 4 felony operating a vehicle while intoxicated causing death and of being a habitual offender. Finds Campos has failed to show his sentence was inappropriate.
 
Brandon M. Newell v. State of Indiana (mem. dec.)
27A04-1708-CR-1850
Criminal. Affirms Brandon Newell’s 50-year sentence for his convictions of Level 2 felony burglary, Level 3 felony armed robbery and criminal confinement, Level 4 felony unlawful possession of a firearm by a serious violent felon and Level 5 felony intimidation and battery by means of a deadly weapon. Finds Newell’s sentence is not inappropriate.

John Lamar Vance v. State of Indiana (mem. dec.)
48A05-1707-CR-1708
Criminal. Reverses the award of credit time to John Lamar Vance following the termination of his in-home detention. Finds the Madison Circuit Court did not fully award Vance credit for the time that he spent on in-home detention. Remands with instructions for the trial court to award Vance 152 days of accrued time and 152 days of good time credit for the time he spent on in-home detention.

Jacob Cummings v. State of Indiana (mem. dec.)
34A02-1711-CR-2626
Criminal. Affirms Jacob Cummings’ sentence to 913 days for his conviction of Level 6 felony unlawful possession of a syringe. Finds Cummins’ sentence is not inappropriate.

Robert L. Allen v. State of Indiana (mem. dec.)
02A03-1703-CR-481
Criminal. Affirms Robert L. Allen’s convictions of Level 5 felony domestic battery and Level 6 felony domestic battery. Finds the Allen Superior Court did not err when it denied his motion for directed verdict on his Level 5 felony charge. Also finds the trial court did not commit fundamental error when it instructed the jury. Finally, finds Allen’s convictions do not violate the continuous crime doctrine.

Samuel K. Frank v. Kathleen M. Frank (mem. dec.)
53A01-1707-DR-1587
Domestic relation. Affirms and reverses in part the modification of the educational-expense order for Samuel Frank’s two youngest children and the conclusion that Kathleen Frank was not in contempt for failing to pay for pre-college expenses. Finds the Monroe Circuit Court did not err in concluding there was a substantial and continuing change in circumstances that made the prior order unreasonable, and that Kathleen Frank was not in contempt. Also finds two of the modifications were erroneous as inconsistent with caselaw and premature. Remands.

D.S. v. R.S. (mem. dec.)
65A01-1709-PO-2086
Protective order. Affirms the issuance of a protective order against D.S. at the request of R.S. Finds R.S. presented sufficient evidence that D.S. called and sent texts to R.S. on more than one occasion and that those texts caused R.S. fear. Also finds D.S. is R.S.’s family member for the purposes of the protective order statute.
 
Zackery Daniel Fairfield v. State of Indiana (mem. dec.)
09A02-1708-CR-1824
Criminal. Affirms Zackery Fairfield’s six-year sentence for his conviction of check fraud and theft, both as Class D felonies. Finds Fairfield’s sentence was not illegal.

Carl E. Mathis, Jr. v. State of Indiana (mem. dec.)
47A01-1708-CR-1830
Criminal. Affirms Carl E. Mathis, Jr.’s conviction of Class A misdemeanor theft. Finds any error in the admission of evidence was harmless.
 
Bryant T. Harris v. State of Indiana (mem. dec.)
22A01-1707-CR-1561
Criminal. Affirms the denial of Bryan T. Harris’ motion for a sentence modification. Finds the Floyd Superior Court did not abuse its discretion in denying Harris’ motion.

In the Matter of the Termination of the Parent-Child Relationship of K.H., J.H., & Ke.H. (Children) and A.H. (Mother); A.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
48A02-1709-JT-2253
Juvenile termination of parental rights. Affirms the termination of A.H.’s parental rights to K.H., J.H. and Ke.H. Finds the Madison Circuit Court’s findings support its conclusions that termination was in the children’s best interests and that a satisfactory plan existed for the children’s care and treatment following termination.
 
C.T. v. State of Indiana (mem. dec.)
50A03-1711-JV-2794
Juvenile. Affirms the amended dispositional order making C.T. a ward of the Department of Correction. Finds the Marshall Circuit Court did not err.

 

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