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Opinions May 14, 2018

May 14, 2018

Indiana Court of Appeals
Estate of Zachary D. Staggs by and through his Personal Rep., Denise Coulter, et al. v. ADS Logistics Co., LLC

64A03-1708-CT-1961
Civil tort. Affirms the grant of summary judgment to ADS Logistics Co., LLC. Finds the Porter Superior Court did not err.

Kelvin Lamonte Lampkins v. State of Indiana (mem. dec.)
18A02-1711-CR-2750
Criminal. Affirms the revocation of Kelvin L. Lampkins’ probation. Finds the Delaware Circuit Court did not err.
 
In Re the Termination of the Parent-Child Relationship of: E.H. (Minor Child); J.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A02-1710-JT-2488
Juvenile termination of parental rights. Affirms the termination of J.H.’s parental rights to his son, E.H. Finds the evidence supports the Marion Superior Court’s conclusion that there was a reasonable probability that the conditions that resulted in E.H.’s placement outside the home would not be remedied, and that termination was in E.H.’s best interest.

Derek Franklin Williams v. State of Indiana (mem. dec.)
14A04-1708-PC-1964
Post-conviction. Affirms the denial of Derek Franklin Williams’ petition for post-conviction relief. Finds Williams’ trial counsel was not ineffective.

In the Matter of the Marriage of Robin L. Rajski and Robert A. Rajski: State of Indiana, Robin L. Rajski v. Robert A. Rajski (mem. dec.)
71A03-1710-DR-2321
Domestic relation. Affirms the denial of the state’s request for reimbursement from Robert A. Rajski for public assistance funds that Robin L. Rajski received. Finds the St. Joseph Superior Court did not abuse its discretion.

Jacob White v. State of Indiana (mem. dec.)
34A02-1711-CR-2553
Criminal. Affirms Jacob White’s conviction of Class B misdemeanor possession of marijuana. Finds the marijuana was not seized pursuant to an illegal search, so the Howard Superior Court did not abuse its discretion in admitting it into evidence.
 
Rolly B. Dulworth v. State of Indiana (mem. dec.)
35A02-1711-CR-2784
Criminal. Affirms Rolly B. Dulworth’s conviction of Level 4 felony burglary and his 11-year executed sentence. Finds the Huntington Circuit Court did not abuse its discretion when it did not give Dulworth’s proposed instruction regarding accomplice testimony. Also finds Dulworth failed to carry his burden of establishing his sentence is inappropriate in light of the nature of the offense and his character.

Jeremy E. Grimes v. State of Indiana (mem. dec.)
32A04-1709-CR-2001
Criminal. Affirms the denial of Jeremy Grimes’ motion to suppress evidence. Finds the traffic stop that led to the discovery and seizure of contraband in Grimes’ vehicle was lawful under both the federal and state constitutions because the officer had reasonable suspicion.
 
In Re the Adoption of L.A.Z.: L.Z. v. E.G. (mem. dec.)
26A01-1711-AD-2828
Adoption. Affirms the order finding L.Z.’s consent to the adoption of his minor daughter was not required. Finds the Gibson Circuit Court did not err.

Lonnie Garner v. State of Indiana (mem. dec.)
49A04-1711-CR-2543
Criminal. Affirms Lonnie Garner’s conviction of Class B misdemeanor criminal mischief. Finds there was sufficient evidence to sustain Garner’s conviction.

Robert D. Mills v. State of Indiana (mem. dec.)
17A03-1709-CR-2251
Criminal. Affirms the denial of Robert Mills’ motion to suppress. Finds the DeKalb Superior Court did not abuse its discretion.
 
James Brady Helms v. State of Indiana (mem. dec.)
48A02-1710-CR-2416
Criminal. Affirms James Brady Helms’ conviction of Level 6 felony altering the scene of a death and his 2½-year sentence. Finds the Madison Circuit Court did not erroneously exclude evidence. Also finds Helms’ sentence is not inappropriate.
 
Warren V. Pierce v. State of Indiana (mem. dec.)
48A02-1708-CR-1807
Criminal. Affirms Warren Pierce’s conviction for Class A felony child molesting and Class C felony child molesting and his aggregate 52-year sentence. Finds the Madison Circuit Court did not err by allowing an amendment to the charging information. Also finds Pierce’s sentence is not inappropriate.

 

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