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Opinions June 14, 2019

June 14, 2019
KEYWORDS Opinions

Indiana Court of Appeals
Flatrock River Lodge v. Morris Stout and Tonia Sue Stout

18A-CC-1919
Civil Collection. Reverses the Rush Circuit Court’s order denying Flatrock’s motion to execute its judgment lien on Morris Stout’s interest in 46 acres of real estate previously owned by second-generation owner Stout and third-generation owner Tonia, as joint tenants with right of survivorship. Finds that the appeal is not mooted by Morris’ death and that the real estate is not exempt from execution on the judgment lien.

N.E. v. L.W.
18A-PO-2514
Protective order. Reverses the denial of wife N.E.’s request for a protective order against husband L.W. Finds the hearing, in which the Marion Superior Court did not allow N.E. to testify or present evidence, was inadequate under the Indiana Civil Protection Order Act. Also finds the trial court erred in denying N.E.’s protection order petition on grounds that a no-contact order was in place. Remands with instructions for the trial court to conduct a new hearing on N.E.’s petition for protection order against L.W., determine whether N.E. has proven the allegations in her petition by a preponderance of the evidence and grant her all appropriate relief.

In the Matter of the Termination of the Parent-Child Relationship of: St.W. and Se.W. (Minor Children), and A.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-3154
Juvenile termination. Affirms the termination of A.W.’s parental rights to children St.W. and Se.W. Finds there was sufficient evidence to support the termination was in the best interest of the children.  

Anthony Steven Williams, Jr. v. State of Indiana (mem. dec.)
18A-CR-1808
Criminal. Affirms in part, reverses in part, remands for sentencing. Finds Anthony Williams, Jr.’s convictions of Level 3 felony criminal confinement and Level 5 felony battery with a deadly weapon do not violate the prohibition against double jeopardy. However, finds his conviction of Level 6 felonies battery resulting in moderate bodily injury and pointing a firearm do violate double jeopardy principles. Vacates the latter convictions and remands for entry of revised sentencing order. Finds, among other things, that the Hamilton Circuit Court did not err in enhancing two of Williams’ convictions for his use of the same deadly weapon and that there is sufficient evidence to support his criminal confinement conviction.

Anthony W. French v. Jeffrey A. Lockwood (mem. dec.)
18A-PL-2385
Civil plenary. Affirms the Madison Circuit Court’s entry of summary judgment for Jeffrey Lockwood on Anthony French’s complaint for damages. Finds French’s complaint was untimely as a matter of law and that the trial court did not err when it entered summary judgment for Lockwood.

Francisco Gallardo-Cortes v. State of Indiana (mem. dec.)
19A-CR-26
Criminal. Affirms Francisco Gallardo-Cortes’ eight-year sentence for conviction of Level 3 felony dealing in cocaine. Finds his sentence is not inappropriate in light of the nature of the offense and his character.  

Randall Patton v. Leann Morris (mem. dec.)
18A-PL-2087
Civil plenary. Affirms the Vanderburgh Superior Court’s grant of Leann Morris’ complaint for declaratory judgment against Randall Patton. Finds the parties’ agreements are valid and enforceable and that the trial court’s entry of declaratory judgment in Morris’ favor is not clearly erroneous.

Jesse W. Lepley v. State of Indiana (mem. dec.)
18A-CR-2850
Criminal. Affirms Jesse Lepley’s conviction of Level 5 felony battery. Finds there is sufficient evidence to support the conviction.

Darrell T. Green v. State of Indiana (mem. dec.)
19A-CR-418
Criminal. Affirms Darrell Green’s three-year sentence for conviction of Level 5 felony dealing in methamphetamine. Finds his sentence is not inappropriate in light of the nature of the offense and his character.

Antonio Terrell Miles v. State of Indiana (mem. dec.)
18A-CR-2416
Criminal. Affirms the Marion Superior Court’s order that Antonio Miles pay a $100 fee upon his release from incarceration for conviction of Level 5 felony carrying a handgun without a license with a prior conviction; Level 6 felony criminal recklessness and Class C misdemeanor operating a motor vehicle without receiving a license.

 

 

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