Opinions April 24, 2019

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Indiana Court of Appeals
Derek Core v. State of Indiana

Post conviction. Dismisses Derek Core’s belated appeal of the White Superior Court’s denial of his petition for post-conviction relief. Finds Core forfeited his right to appeal by failing to timely file his notice of appeal. Also finds Core’s right is forfeited due to Indiana Supreme Court precedent that holds Post Conviction Rule 2(1) does not permit belated consideration of an appeal from a post-conviction or other post-judgment proceeding.

Bradley K. Buchanan, et al. v. State of Indiana, et al.
Civil plenary. Affirms the Putnam Circuit Court’s entry of judgment on the pleadings under Trial Rule 12(C) for the Indiana Department of Insurance and its dismissal of Bradley Buchanan’s claims against the Putnam County Prosecutor for failure to state a claim upon which relief can be granted under Trial Rule 12(B)(6). Finds Buchanan’s claims against the IDOI are incorrect, and that the prosecutor was acting within his scope of employment pursuant to pursuant to I.C. Section 34-13-3-3(17).

Shelby Bense v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Shelby Bense’s probation. Finds the Bartholomew Superior Court did not abuse its discretion by ordering Bense to serve her previously suspended sentence.

Michael A. Highbaugh v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Michael Highbaugh’s petition for post-conviction relief. Finds the Marion Superior Court did not err in its denial of Highbaugh’s petition.

Christopher Robinson v. State of Indiana (mem. dec.)
Criminal. Reverses Christopher Robinson’s conviction of attempted obstruction of justice. Finds there is insufficient evidence to support the conviction.

Dale Murphy v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Dale Murphy’s petition for jail time credit, finding he was already granted the time requested. Finds the petition was thus properly denied.

In the Matter of the Termination of the Parent-Child Relationship of K.G. & C.G. (Minor Children) and Kr.G. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of Kr.G.’s parental rights to his children K.G. and C.G. Finds the Spencer Circuit Court did not deny him due process by denying him the right to counsel, finding Kr.G. explicitly rejected court-appointed counsel, indicated that he would hire counsel, and then acted in a manner consistent with a decision to represent himself rather than hiring counsel.

Bruce L. Thomas v. State of Indiana (mem. dec.)
Criminal. Affirms Bruce Thomas’ 10-year sentence for conviction of Level 5 felony dealing in methamphetamine and his status as a habitual offender. Finds Thomas’ sentence is not inappropriate in light of the nature of his offense and character.

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