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Opinions Aug. 21, 2018

August 21, 2018
KEYWORDS Opinions

Indiana Court of Appeals
Katelin Eunjoo Seo v. State of Indiana

29A05-1710-CR-2466
Criminal. Reverses the order for Katelin Seo to unlock her iPhone 7 as part of a criminal investigation. Finds compelling Seo to unlock the phone would violate her Fifth Amendment rights against self-incrimination. Remands for further proceedings. Judge Patricia Riley concurs in result without separate opinion. Judge Melissa May dissents with separate opinion. 

Nathan Healey v. Robert Carter, Commissioner of the Indiana Department of Corrections, et al.
76A03-1711-MI-2681
Miscellaneous. Affirms the denial of Nathan Healey’s petition for declaratory judgment. Finds Healey’s Sixth Amendment rights were not violated by having to register as a sex offender even though he did not plead guilty to a specific sex offense. Also finds the the registration requirement is a mandatory collateral consequence. 

Cory D. Crumpton v. Fallon (Crumpton) Fernandes (mem. dec.)
17A-DR-3032
Domestic relation. Reverses the Hendricks Superior Court’s order requiring Cory Crumpton to pay $11,250 to his ex-wife, Fallon Fernandes, in relation to a daycare that they operated when they were married that was to be sold after their divorce. Finds the trial court’s decision is not supported by the evidence presented.  

Rondre Cook v. State of Indiana (mem. dec.)
82A05-1712-CR-2907
Criminal. Affirms the Vanderburgh Superior Court’s admittance of evidence of cocaine found in Rondre Cook’s possession. Finds the state met its burden to establish an adequate chain of custody for the cocaine. 

Devin Johnson v. State of Indiana (mem. dec.)
18A-CR-461
Criminal. Affirms Devin Johnson’s convictions of Level 2 and Level 3 felony dealing in a narcotic drug. Finds Devin Johnson was not prejudiced by the state’s discovery violation. Also finds any variances between the enhancement charging information and the evidence at trial did not prejudice Johnson’s substantial rights. 

Joey Lee Offill v. State of Indiana (mem. dec.)
58A01-1711-CR-2692
Criminal. Affirms Joey Lee Offill’s five-year sentence for his conviction of Level 5 felony operating a vehicle after having received a lifetime suspension. Finds the sentence is not inappropriate. 

Citizens Action Coalition of Indiana, Inc. v. Duke Energy Indiana, LLC (mem. dec.) ​​​​​​​
18A-EX-141
Agency. Affirms the Indiana Utility Regulatory Commissions’ order approving an emergency efficient plan filed by Duke Energy Indiana, LLC for the years 2017 through 2019. Finds the commission did not abuse its discretion in finding Duke’s proposed energy efficiency goals and lost revenue recovery rate to be reasonable. 

Valencia A. Jackson v. Kenneth S. Jackson (mem. dec.)
18A-DR-282
Domestic relation. Affirms and reverses in part the order granting Kenneth S. Jackson’s petition regarding to modification of his child support obligation. Finds the Marion Superior Court erred when it imputed income to Valencia A. Jackson, but did not abuse its discretion by modifying Jackson’s child support obligation based on a continuing substantial change in circumstances that made the original order unreasonable. Also finds a portion of Jackson’s bonus income needs to be paid to Jackson. Finally, finds the trial court did not err in its decision regarding attorney fees. Remands with instructions.


 

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