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Opinions June 12, 2018

June 12, 2018

Indiana Court of Appeals
Matthew E. Koch v. State Department of Revenue (mem. dec.)

49A02-1708-MI-1767
Miscellaneous. Affirms the denial of Matthew Koch’s petition to compel production of a confidential public record from the Indiana Department of Revenue related to his late grandparents’ estate. Finds Koch failed to show his entitlement to the record. 

D.H. v. State of Indiana (mem. dec.)
36A01-1708-JV-2033
Juvenile. Affirms the adjudication of D.H. as a delinquent child for committing three acts of child molesting that would be Level 4 felonies if committed by an adult. Finds the juvenile court properly obtained jurisdiction and sufficient evidence supports the adjudication. 

Troy Bell v. State of Indiana (mem. dec.)
75A03-1710-CR-2554
Criminal. Affirms Troy Bell’s aggregate sentence of 25-years for convictions of Level 2 felony dealing in methamphetamine; Level 6 felony maintaining a common nuisance; Class C misdemeanor possession of paraphernalia; and Level 3 felony possession of methamphetamine. Finds the Starke Circuit Court did not abuse its discretion in admitting evidence obtained through a search warrant. 

Bryan C. Ellis v. State of Indiana (mem. dec.)
49A02-1712-CR-2760
Criminal. Affirms Brian Ellis’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor driving with a suspended license. Finds Ellis had a reasonable opportunity to prepare and defend against charges, and an amendment did not prejudice his substantial rights.  

Kevin D. Moore v. State of Indiana (mem. dec.)
84A05-1711-CR-2533
Criminal. Affirms Kevin Moore’s 35-year sentence for his conviction of Level A felony child molesting, one-year sentence for Level 6 felony attempted sexual misconduct with a minor, and three-year sentence for two counts of Class D felony child solicitation. Finds Moore has failed to show that Z.J.’s testimony was so inherently improbable that no reasonable tier of fact could believe it. Also finds there was probative evidence from which the jury could have found Moore guilty beyond a reasonable doubt.  

Penny K. Hisey v. State of Indiana (mem. dec.)
25A04-1708-CR-1743
Criminal. Affirms Penny Hisey’s aggregate 31-year sentence, with 22 years executed in the Indiana Department of Correction, for her convictions of 11 counts of theft, including two counts as Class C felonies, four counts Class D felonies, two counts Level 5 felonies and three counts Level 6 felonies. Finds the sentence is not inappropriate.

CHINS: D.F. v. Indiana Department of Child Services (mem. dec.)
32A01-1711-JC-2570
Juvenile CHINS. Affirms the adjudication of S.J. and N.J. as children in need of services. Finds the Department of Child Services presented sufficient evidence to support the CHINS adjudications. 
 

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