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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Indiana Supreme Court opinion was posted after IL deadline Monday:
In the Matters of P. Adam Davis
20S-DI-27, 21S-DI-88
Attorney discipline. Suspends Carmel lawyer P. Adam Davis from the practice of law in Indiana for one year without automatic reinstatement. Finds Davis violated Indiana Rules of Professional Conduct 1.1, 1.3, 1.7, 1.15(a), 3.1, 3.2, 4.2, 5.3(c), 8.4(c) and 8.4(d), and Indiana Admission and Discipline Rules 23(29)(c)(2) and (5).
Tuesday opinions
Indiana Court of Appeals
Ashley Victoriano, individually and as Administrator of the Estate of Patrick Barnes v. Estate of Barbara J. Smith
21A-ES-407
Estate. Grants rehearing for the limited purpose of correcting the appellate court’s omission of a portion of Cecil A. Smith and Barbara J. Smith’s last will and testament in its unpublished opinion affirming the Scott Superior Court. Finds that the omission does not alter the COA’s original analysis. Reaffirms its original decision in all other respects.
In Re the Matter of: Paternity of W.M.T., Elizabeth Jackson v. Sharon Thomas
21A-JP-57
Juvenile paternity. Affirms the Hancock Superior Court’s order awarding custody of W.M.T. to Sharon Thomas, the order for Elizabeth Jackson to pay child support to Thomas and the denial of Jackson’s request for attorney fees. Finds the trial court did not abuse its discretion when it admitted certain challenged evidence, nor did it err when it determined that Thomas was W.M.T.’s de facto custodian and that modification of W.M.T.’s custody was in the child’s best interests. Also finds the trial court didn’t err when it excluded W.M.T.’s survivor benefits from the child support calculation. Finally, finds the trial court didn’t abuse its discretion when it denied Jackson’s request for attorney fees.
Donald R. Barnes v. State of Indiana (mem. dec.)
20A-CR-2145
Criminal. Affirms the revocation of Donald Barnes’ probation and the order that he serve 20 years of his previously suspended sentence. Finds the Elkhart Circuit Court did not abuse its discretion.
Michael Sharp v. State of Indiana (mem. dec.)
21A-CR-1404
Criminal. Affirms the Clinton Superior Court’s classification of Michael Sharp as a credit restricted felon. Finds the trial court did not err.
David D. Morris v. State of Indiana (mem. dec.)
21A-CR-1228
Criminal. Affirms the denial of David Morris’ motion to withdraw his guilty plea. Finds ample evidence on the record that the Lake Superior Court did not abuse its discretion when it denied Morris’ motion to withdraw his guilty plea.
Tracy L. Ash v. State of Indiana (mem. dec.)
21A-CR-746
Criminal. Affirms Tracy Ash’s convictions of Class A misdemeanor battery and Class B misdemeanor criminal mischief. Finds sufficient evidence to support the convictions.
Ralph A. Troxail v. State of Indiana (mem. dec.)
21A-CR-1094
Criminal. Affirms Ralph Troxail’s 12-year sentence with two years suspended for his conviction of Level 4 felony child molesting. Finds Troxail failed to carry his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.
Heather Jones v. State of Indiana (mem. dec.)
21A-CR-1158
Criminal. Affirms Heather Jones’ aggregate four-year executed sentence for her convictions of auto theft, possession of methamphetamine and unlawful possession of a syringe, all as a Level 6 felony. Finds Jones’ sentence is not inappropriate.
Michael Franscoviak v. State of Indiana (mem. dec.)
21A-CR-437
Criminal. Affirms the denial of Michael Franscoviak’s motion for discharge under Indiana Criminal Rule 4(C). Finds Franscoviak has not met his burden on appeal to show that the Pulaski Circuit Court erred when it denied his motion for discharge.
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