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Opinions Sept. 12, 2018

September 12, 2018

The following 7th Circuit Court of Appeals opinion was posted after Indiana Lawyer deadline Tuesday.

United States of America v. D.D.B.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Vacates the waiver of D.D.B. from juvenile to adult court on a robbery charge. Holds that attempted robbery does not satisfy the juvenile waiver requirement of a prior adjudication for a violent crime, because the Indiana attempted robbery statute does not include an intent element. Remands for proceedings.

Indiana Court of Appeals

In re the Marriage of Jeffrey E. Nelson v. Julie A. Nelson (mem. dec.)
18A-DR-248
Domestic relation. On interlocutory appeal, affirms in part and reverses in part the Vanderburgh Superior trial court’s provisional order that Jeffrey E. Nelson pay $36,000 in expert and attorney fees to wife Julie A. Nelson in their divorce proceeding governed by terms of a prenuptial agreement. Because wife was not entitled to attorney fees, the matter is remanded for the order to be amended to omit any amounts awarded for attorney fees. Husband has not demonstrated the trial court erred in awarding expert fees, and the court notes husband may argue without limitation for a set-off against marital property of any attorney fees awarded.  

Thomas A. DeCola v. State of Indiana (mem. dec.)
64A03-1711-CR-2556
Criminal. Affirms Thomas A. DeCola’s Class A misdemeanor conviction in Porter Superior Court of carrying a handgun without a license. The trial court did not abuse its discretion in admitting the handgun into evidence, refusing DeCola’s proposed jury instructions, or denying his motion to correct error. Finds there is sufficient evidence to support his conviction.

John T. Pitcher v. State of Indiana (mem. dec.)
18A-CR-791
Criminal. Affirms John T. Pitcher’s six-year sentence for his conviction of Level 5 Felony carrying a handgun without a license by a convicted felon in Dearborn Superior Court. Finds Pitcher’s sentence is not inappropriate in light of the nature of the offense and his character.

Robert J. Price, II v. State of Indiana (mem. dec.)
18A-CR-607
Criminal. Affirms the Vigo Superior Court’s denial of Robert J. Price’s motion to withdraw his guilty plea to a murder charge. Finds the trial court did not abuse its discretion in denying the motion.

Sail 22, LLC v. Outdoor Business Network (mem. dec.)
49A02-1707-CC-1627
Collections. Affirms the Marion Superior Court’s judgment of $8,500 plus costs for OBN after a bench trial. Rejects Sail 22’s argument that the trial court erred by denying its motion for summary judgment, concluding genuine issues of material fact remained.

In Re the Termination of the Parent-Child Relationship of N.H. (Minor Child); T.H. (Mother) and J.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-410
Juvenile termination of parental rights. Affirms the termination of mother T.H and father J.H.’s parental rights to daughter N.H.. Finds there is sufficient evidence to support the termination.

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