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Opinions July 10, 2019

July 10, 2019
KEYWORDS Opinions

Indiana Court of Appeals
Damian Justin Harris v. State of Indiana (mem. dec.)

18A-PC-1835
Post conviction. Affirms the denial of Damian Harris’ petition for post-conviction relief. Finds the Allen Superior Court did not err in rejecting his claim of ineffective assistance of trial counsel.

David Lewicki v. State of Indiana (mem. dec.)
18A-PC-2356
Post conviction. Affirms the denial of David Lewicki’s petition for post-conviction relief. Finds the findings of the Madison Circuit Court are not clearly erroneous, and the trial court did not err in its partial denial of Lewicki’s petition.

Rebecca Lawson v. State of Indiana (mem. dec.)
18A-CR-2425
Criminal. Affirms Rebecca Lawson’s aggregate 85-year sentence for conviction of murder and Level 1 felony attempted murder. Finds the Marion Superior Court did not abuse its discretion in refusing Lawson’s tendered instruction on self-defense or the lesser included offense of battery with a deadly weapon.

Jan Dollahan, Jr. v. State of Indiana (mem. dec.)
18A-CR-2396
Criminal. Affirms Jan Dollahan Jr.’s conviction of Level 6 felony criminal recklessness and Class A misdemeanor invasion of privacy. Finds there is sufficient evidence to support the convictions.  

Lonnie Garner, Jr. v. Waleed Jomaan (mem. dec.)
18A-SC-2553
Small claims. Affirms the Marion County Small Claims Court’s denial of Lonnie Garner’s motion for summary judgment and its award of judgment in favor of Waleed Jomaan. Finds the small claims court did not abuse its discretion.  

Robert M. Hofferth v. Michelle M. Hofferth (mem. dec.)
18A-DR-2261
Domestic relation. Affirms in part, reverses in part. Remands to the Jasper Circuit Court to determine if father Robert Hofferth paid both child support and post-secondary education expenses for his child from the beginning of the 2017-18 school through Nov. 21, 2017, and whether he should receive a credit toward his child support obligation. Also finds ordering father to pay past dental expenses was not an abuse of discretion. Vacates the trial court’s order requiring both father and mother Michelle Hofferth help pay for their child’s college education.  

J.G. v. State of Indiana (mem. dec.)
19A-JV-181
Juvenile. Affirms the Marion Superior Court’s award of guardianship over juvenile J.G. to the Indiana Department of Correction after the Marion Superior Court adjudicated J.G. a delinquent on three counts of armed robbery, each as a Level 3 felony if committed by an adult. Finds the juvenile court did not abuse its discretion.

Bradley S. Foster v. Just A Garden Center LLC d/b/a Not Just A Garden Center and Brett Parks (mem. dec.)
18A-PL-2390
Civil plenary. Affirms the St. Joseph Superior Court’s award of $22,000 in attorney fees to Just a Garden Center, LLC d/b/a Not Just a Garden Center and Brett Parks pursuant to Ind. Code § 32-28-3-14. Finds $22,000 is a reasonable amount of attorney fees attributable to enforcement of the Garden Center’s mechanic’s lien. Remands for the trial court to enter a judgment foreclosing on the mechanic’s lien in the amount of $12,000 and to include in such judgment $22,000 in attorney fees.

Tyson A. Eminger v. State of Indiana (mem. dec.)
18A-CR-2759
Criminal. Affirms Tyson Eminger’s aggregate 32-year sentence for conviction of Level 2 felony dealing in methamphetamine, Level 4 felony unlawful possession of a firearm by a serious violent felon, and Class A misdemeanor resisting law enforcement. Finds the Noble Superior Court did not err when it admitted evidence obtained from a search and that Eminger’s sentence is not inappropriate in light of the nature of the offenses and his character.

Roy Bessler v. State of Indiana (mem. dec.)
18A-PC-123
Post conviction. Affirms the denial of Roy Bessler’s petition for post-conviction relief. Finds the Dearborn Circuit Court’s denial of Bessler’s petition for post-conviction relief is not clearly erroneous.

Jacob Shope v. State of Indiana (mem. dec.)
18A-CR-2928
Criminal. Affirms the Marion Superior Court’s restitution order imposed after Jacob Shope’s conviction of Level 6 felony operating while intoxicated, endangering a person. Finds there is sufficient evidence to support the conviction and that there is no error.

In the Matter of the Termination of the Parent-Child Relationship of: K.N., D.N. and Z.N., (Minor Children), and H.G., (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-309
Juvenile termination. Affirms the termination of mother H.G.’s parental rights to her children, K.N., D.N., and Z.N. Finds the termination was not clearly erroneous.

Kyle R. Griffith v. State of Indiana (mem. dec.)
18A-CR-2496
Criminal. Affirms Kyle Griffith’s 14-year sentence for conviction of Level 5 felony battery with a deadly weapon and Level 4 felony possession of a handgun as a serious violent felon. Finds the Vigo Superior Court did not abuse its sentencing discretion by relying upon improper aggravating circumstances or by declining to find a proposed mitigating circumstance.

 

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