Opinions March 18, 2020

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Indiana Court of Appeals
Andrece Tigner v. State of Indiana
Criminal. Reverses the Marion Superior Court’s order denying Andrece Tigner’s motion to suppress. Finds the search of Tigner incident to arrest was unconstitutional because the officers lacked probable cause. Remands for further proceedings.

In the Paternity of C.B. and S.B. Gregory W. Brown v. Kara A. Davis, and Tula Kavadias, Jill Swope
Juvenile paternity. Reverses an order of the Lake Superior Court permitting Tula Kavadias to intervene in a paternity action in an effort to collect attorney fees in a matter from which she was fired by her client. Remands with instructions to abide by an agreement on attorney fees entered between the father, Gregory W. Brown, and mother, Kara A. Davis. Finds that an attorney cannot litigate an award of fees “separate and apart” from the client.

Stanley C. Kinkade and Sherry Kinkade v. Jason Silvey and Jennifer Silvey (mem. dec.)
Civil collection. Affirms the Madison Circuit Court’s entry of judgment in favor of Jason and Jennifer Silvey on Stanley and Sherry Kinkade’s misrepresentation and breach of contract complaint. Finds the trial court’s conclusions are not clearly erroneous. Also finds that without some indication from the record that the Kinkade’s did develop the breach-of-contract claim, the appellate court is unable to conclude that the trial court erred by failing to include a ruling on this claim in its judgment.

Angus Toney v. State of Indiana (mem. dec.)
Criminal. Affirms Angus Toney’s 40- and 16-year sentences for convictions of Class B felony robbery and Class A felony burglary. Finds the Wayne Circuit Court did not err in refusing to modify Toney’s sentence. Finds Toney has waived his claim that his sentence should be revised because it was inappropriate, as that claim was available but not raised in his direct appeal.

Kiree Hayes v. State of Indiana (mem. dec.)
Criminal. Affirms Kiree Hayes convictions of felony murder and Level 3 felony robbery resulting in bodily injury. Finds sufficient evidence to sustain the convictions.

Hayden Nix v. State of Indiana (mem. dec.)
Criminal. Affirms Hayden Nix’s conviction of Class A misdemeanor domestic battery, and his consecutive 365-day and 910-day sentences for domestic battery and and Level 6 felony battery resulting in moderate bodily injury. Finds Nix’s maximum, consecutive sentences are not inappropriate in light of the nature of the offenses and his character. Also finds Nix’s conviction for domestic battery did not violate the continuing crime doctrine.

Steven Thomas v. State of Indiana (mem. dec.)
Criminal. Remands the matter of Steven Thomas’ sentence for Class A misdemeanor domestic battery to provide the Marion Superior Court an opportunity to clarify its intent regarding the fees assessed against Thomas and for further proceedings. Finds the record does not indicate who established the “sliding scale” or who administers it.

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