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Opinions June 15, 2018

June 15, 2018

Indiana Court of Appeals

Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer, Deceased v. PACCAR, Inc., d/b/a PETERBILT MOTORS CO.
55A05-1709-CT-2168
Civil tort. Grants Angela Brewer’s petition for rehearing following the decision of the Court of Appeals. Reaffirms the Court of Appeals’ original decision in all respects. Finds it is not advisable for parties to file simultaneous motions to correct error and notices of appeal. Also finds the appellate court did not hold as a matter of law that Peterbilt’s glider kit was defective.

R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva
01A05-1709-MF-2174
Mortgage Foreclosure. Grants Bank of Geneva’s petition for rehearing following decision of the Court of Appeals. Reaffirms the Court of Appeals’ original decision in all respects. Finds the appellate court did not wrongly assert that R. Kinsey and Susan Brooks’ claim for abuse of process remains pending. Also finds that whether the Brookses’ loan was paid off is irrelevant for purposes of the Brookses’ status as sureties.

Robert Lee Laird v. State of Indiana
69A05-1707-CR-1709
Criminal. Affirms Robert Lee Laird’s conviction of Level 4 felony child molesting. Finds the Ripley Circuit Court did not err in admitting evidence found on Laird’s computer.  Judge Melissa May concurs in result with separate opinion. 

In the Matter of the Involuntary Termination of the Parental Rights of: Ch.S. & Co.S. (Minor Children) and A.R. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-77 
Juvenile termination of parental rights. Affirms the termination of A.R.’s parental rights. Finds the Department of Child Services provided sufficient evidence to support termination of parental rights. 

Wilbert T. Sturgis v. State of Indiana (mem. dec.)
46A03-1711-PC-2652
Post-conviction. Affirms the LaPorte Circuit Court’s denial of Wilbert Sturgis petition for post-conviction relief. Finds the post-conviction court did not err in finding Sturgis did not receive ineffective assistance of trial court. 

Jason Bailey v. State of Indiana (mem. dec.)
34A02-1711-CR-2725
Criminal. Affirms the revocation of Jason Bailey’s probation and the order for him to serve the remainder of his sentence in Department of Corrections. Finds the Howard Superior Courtd acted within its discretion.

In re the Matter of N.M. (Minor Child), M.Y. (Paternal Grandmother) v. Indiana Department of Child Services (mem. dec.)
17A-JC-3052
Juvenile CHINS. Affirms the Tippecanoe Superior Court’s order that N.M is a child in needs of services. Finds there was sufficient evidence to support N.M.’s adjudication a CHINS. 
 
David Michael Flynn v. State of Indiana (mem. dec.)

46A05-1704-CR-863
Criminal. Affirms David Flynn convictions of Class A felony child molesting, two counts of Class B felony sexual misconduct with a minor, two counts of Class B felony incest and two counts of Class C felony incest. Finds the LaPorte Circuit Court did not err in admitting a statement voluntarily given by Flynn. Also finds the state provided sufficient evidence to support the convictions. 

 

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