Opinions Oct. 25, 2021

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Indiana Court of Appeals

Brian James Long v. State of Indiana (mem. dec.)
Criminal. Affirms and reverses in part Brian J. Long’s convictions of domestic battery resulting in bodily injury to a household member less than 14 years of age, a Level 5 felony, and domestic battery against a household member less than 14 years of age, a Level 6 felony. Finds the state presented evidence to Long’s domestic battery convictions, but because Count IV is a lesser-included offense of Count I, substantive double jeopardy principles require that the conviction for Count IV must be vacated. Remands with instructions for the Hamilton Superior Court to vacate the conviction for Count IV, the Level 6 felony.

Jason C. Baldauf v. State of Indiana (mem. dec.)
Criminal. Affirms Jason C. Baldauf’s conviction of Level 6 felony intimidation. Finds the state presented sufficient evidence to support Baldauf’s conviction.

Adam Peyton Taylor v. State of Indiana (mem. dec.)
Criminal. Affirms Adam Peyton Taylor’s sentence to eight years, with five years in the Indiana Department of Correction and three years suspended, with two of the suspended years served on probation, for his conviction of dealing in methamphetamine as a Level 4 felony. Finds the Johnson Superior Court did not abuse its sentencing discretion. Also finds the sentence selected by the court, with DOC placement, is not inappropriate.

Brandon A. Kincheloe v. State of Indiana (mem. dec.)
Criminal. Affirms Brandon A. Kincheloe’s aggregate five-year sentence for his convictions of Level 6 felony invasion of privacy, Level 6 felony auto theft and Level 6 felony resisting law enforcement under two cause numbers. Fins Kincheloe’s aggregate sentence is not inappropriate.

Michael Simpson v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Michael Simpson’s probation. Finds the Marion Superior Court did not abuse its discretion when it revoked Simpson’s probation in one cause based upon his guilty plea in another cause and ordered him to serve one year in the Department of Correction and one year on home detention.

In the Matter of the Termination of the Parent-Child Relationship of E.E. (Minor Child); M.E. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother M.E.’s parental rights to her minor child, E.E. Finds the Indiana Department of Child Services has shown by clear and convincing evidence that there is a reasonable probability that the conditions that resulted in E.E.’s removal or the reasons for placement outside of M.E.’s home will not be remedied and that termination is in the best interests of E.E. Also finds that the Cass Circuit Court did not err when it terminated M.E.’s parental rights.

Kenneth A. Klotzsche v. Susan Klotzsche (mem. dec.)
Civil tort. Affirms the grant of summary judgment in favor of the widow of Kenneth B. Klotzsche, Susan Klotzsche, upon a wrongful death claim. Finds Kenneth A. Klotzsche, as personal representative of the Estate of Kenneth B. Klotzsche, did not satisfy his burden of proving that summary judgment was erroneously granted.

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