Opinions Dec. 13, 2019

Keywords Opinions

Indiana Court of Appeals
Old Plank Trail Community Bank, N.A. v. Mattcon General Contractors, Inc. (mem. dec.)
19A-PL-1033
Civil plenary. Affirms the Marshall Circuit Court’s denial of Old Plank Trail Community Bank’s motion to correct error on a ruling that Old Plank waived its right to set-off the garnished funds of its account holder, Mattcon General Contractors. Finds the court did not abuse its discretion in entering a final order in garnishment.

Robert Joseph Love v. State of Indiana (mem. dec.)
19A-CR-885
Criminal. Affirms the Tippecanoe Superior Court’s six-year sentence, with 18 months suspended to probation, imposed on Robert J. Love for his convictions of Level 5 felony child exploitation and three counts of Level 6 felony possession of child pornography. Finds the sentence is not inappropriate.

Walter Kenneth Cobbs II v. State of Indiana (mem. dec.)
19A-CR-1705
Criminal. Affirms Walter Cobbs’ three-year sentence, with one year executed in the Department of Correction, for his guilty plea to charges of Level 5 felony intimidation and Class A misdemeanor carrying a handgun without a license. Finds the sentence handed down in Tippecanoe Superior Court is not inappropriate.

In re the Termination of the Parent-Child Relationship of A.H. (Minor Child) and J.H. (Father) and T.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1245
Juvenile termination of parental rights. Affirms that Starke Circuit Court’s order terminating the parental rights of mother T.S. and father J.H. to child A.H., finding the evidence supporting the termination sufficient as to both parents.

In the Matter of the Termination of the Parent-Child Relationship of B.M. (Minor Child) and A.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1677
Juvenile termination of parental rights. Affirms the Vermillion Circuit Court’s termination of mother A.M.’s parental rights to child B.M., finding the court’s determination that termination was in the child’s best interest and that the conditions that led to the child’s removal would not be remedied were not clearly erroneous.

Darryl Anderson v. State of Indiana (mem. dec.)
49A02-1708-PC-1936
Post-conviction. Affirms the Marion Superior Court’s denial of Darryl Anderson’s petition for post-conviction relief from his convictions of rape, criminal confinement and battery. Finds Anderson’s trial counsel was not ineffective for failing to present a Brady claim regarding evidence of the victim’s mental disability, failing to object to the victim’s competency to testify, or failing to raise a double jeopardy claim at sentencing.

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