Opinions April 17, 2019

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Indiana Court of Appeals
Bank of America, N.A. v. Kimberly A. Congress-Jones

Civil collection. Affirms the Lake Superior Court’s grant of Kimberly Congress-Jones’ motion to dismiss for failure to prosecute and the trial court’s denial of Bank of America, N.A.’s motion to set aside the dismissal order. Finds the bank failed to prove prima facie error in the trial court’s grant of Jones’ motion and in its denial of the bank’s motion to set aside.

Kenneth Todd Scales v. Warrick County Sheriff's Department
Miscellaneous. Reverses the Warrick Superior Court’s denial of Kenneth Scales’ petition for access to public records from the Warrick County Sheriff’s Department related to the disappearance and death of his daughter, Kristy Kelley. Finds the documents are not investigatory records as described by the Indiana General Assembly, and consequently, that they may not be withheld from public disclosure at the Department’s discretion.

Robert B. Lill v. State of Indiana (mem. dec.)
Criminal. Affirms the Dearborn Circuit Court’s sentencing decision after Robert Lill admitted to violating probation for his conviction of Class C felony child exploitation. Finds the trial court did not abuse its discretion by ordering Lill to serve four years of his previously suspended eight-year sentence and extending his probation by one year. Judge John Baker dissents in a separate opinion, arguing the trial court was incorrect in its decision.  

Alicia T. Taylor v. State of Indiana (mem. dec.)
Criminal. Affirms Alicia Taylor’s conviction for Class A misdemeanor possession of a controlled substance. Finds there was sufficient evidence in Brown Circuit Court to support Taylor’s conviction beyond a reasonable doubt based on a theory of constructive possession.

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