Opinions Oct. 1, 2018

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Indiana Court of Appeals
Joseph Baliga, DVM v. Indiana Horse Racing Commission, Indiana Horse Racing Commission Staff  

17A-MI-3009
Miscellaneous. Reverses the Madison Circuit Court’s dismissal of veterinarian Joseph Baliga’s petition for judicial review after the Indiana Horse Racing Commission found him in default for allegedly giving a banned substance to a racehorse. Finds the IHRC and administrative law judge abused their discretion by finding Baliga in default. Directs the trial court to grant the petition and to remand the matter to the IHRC for a hearing on the merits.

Mark H. Soto v. State of Indiana (mem. dec.)
43A04-1710-CR-2388
Criminal. Affirms Mark Soto’s conviction of two counts of Level 5 felony corrupt business influence and Class D felony intimidation. Finds the Kosciusko Circuit Court did not abuse its discretion by deferring inquiry into Soto’s ability to pay restitution. Also finds Soto was not deprived of reasonable notice of the amount of damages.

In Re the Termination of the Parent-Child Relationship of: L.C. (Minor Child) and K.W. v. The Indiana Department of Child Services (mem. dec.)
18A-JT-859
Juvenile. Affirms the Jasper Circuit Court’s termination of K.W.’s parental rights to her child, L.C. Finds there is sufficient evidence to support the termination.

Alan R. Brill v. Bingham Greenebaum Doll LLP (mem. dec.)
82A04-1710-PL-2513
Civil plenary. Affirms the Vanderburgh Circuit Court’s dismissal of Alan Brill’s amended complaint against Bingham Greenebaum Doll, LLP. Finds the trial court properly dismissed the amended complaint.

Charles C. Hopkins II v. Desiree D. Hopkins (mem. dec.)
18A-DR-202
Domestic relation. Affirms the Marion Superior Court’s order that Charles and Desiree Hopkins participate in further modification proceedings regarding custody of their minor child. Finds the trial court did not err in addressing the August 2014 order or considering treatment records of the child’s therapist that had been submitted directly to the court. Concludes the findings of fact that concerned the child’s treatment with the therapist were supported by evidence.

Marquis T. Wilcox v. State of Indiana (mem. dec.)
49A02-1705-PC-1111
Post-conviction. Affirms the Marion Superior Court’s denial of Marquis Wilcox’s petition for post-conviction relief. Finds Wilcox was not denied effective assistance of counsel.

Ericka Jeanne Fouch v. State of Indiana (mem. dec.)
18A-CR-907
Criminal. Affirms Erika Fouch’s 18-year sentence for conviction of two counts of Level 4 felony causing the death of another person when operating a vehicle with a controlled substance listed in schedule I or II of Indiana Code chapter 35-48-2, and Class A infraction driving while suspended. Finds Fouch’s sentence is not inappropriate.

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