Opinions June 13, 2019

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Indiana Court of Appeals
Bryce A. Burton v. Martin Benner and Indiana State Police

Civil tort. Reverses the Benton Circuit Court’s grant of partial summary judgment in favor of Indiana State Police Trooper Martin Benner in Bryce A. Burton’s lawsuit arising from a personal injury motorcycle crash. Finds the trial court erred by finding as a matter of law that Benner was acting within the scope of his employment at the time of the crash. Remands for proceedings.

Suan Patrick Mahoney v. State of Indiana (mem. dec.)
 Criminal. Affirms Suan Mahoney’s convictions of two counts of Level 5 felony intimidation for drawing or using a deadly weapon. The Madison Circuit Court did not err in instructing the jury and the evidence was sufficient to support the conviction.

Steven Robbins v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Steven Robbins’ petition for post-conviction relief in Marion Superior Court, finding he did not receive ineffective assistance of trial counsel. 

James T. Cole v. State of Indiana (mem. dec.)
Criminal. Affirms James Cole’s conviction in Delaware Circuit Court of Class A felony attempted murder, finding no reversible error in the jury’s instruction and that the evidence was sufficient to affirm Cole’s conviction.

In the Matter of the Termination of the Parental Rights of: J.B. & S.B. (Minor Children) and A.I. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the order of the Dearborn Circuit Court terminating the parent-child relationship between mother A.I and her minor children, J.B. and S.B. Finds mother’s due process rights were not violated when the court denied her motion to continue the termination factfinding hearing. Judge Margret Robb concurs in result without opinion.

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