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Opinions Sept. 24, 2015 ILD

Indiana Court of Appeals
Jeffrey Settle v. State of Indiana (mem. dec.)
33A04-1411-MI-516
Miscellaneous. Dismisses with prejudice Settle’s appeal of the trial court’s denial of his petition to remove his name from the sex offender registry.

Jennifer G. Ansari v. Bank of New York Mellon (mem. dec.)
29A02-1412-MF-821
Mortgage foreclosure. Affirms trial court judgment in favor of Bank of New York Mellon. 

A.D. v. K.D. (mem. dec.)
65A01-1502-DR-67
Domestic. Affirms trial court order granting sole custody to mother.

Rachel Ann Nelson and Corey Joe Dennison v. Tammy Sue Nelson and Pamela Nelson (mem. dec.)
03A01-1502-DR-62
Domestic. Affirms trial court denial of verified petition to terminate order of custody.

Henry Gibson v. State of Indiana (mem. dec.)
49A05-1502-CR-70
Criminal. Affirms 15-year sentence for convictions of Level 3 felony aggravated battery, Level 5 felony battery by means of a deadly weapon, and Level 5 felony carrying a handgun without a license.

A.C. v. H.C. (mem. dec.)
11A01-1501-DR-17
Domestic. Affirms order awarding father custody of two minor children.

Robert A. Hutchens v. BAC Home Loans Servicing, LP (mem. dec.)
29A02-1503-MF-190
Mortgage foreclosure. Affirms trial court denial of motion to set aside and vacate sheriff’s sale.

Matter of the Termination of the Parent-Child Relationship of R.H., Minor Child, M.H. v. Ind. Dept. of Child Services (mem. dec.)
92A03-1502-JT-62
Juvenile. Affirms termination of parental rights.

Char'Dae Avery v. State of Indiana (mem. dec.)
34A02-1504-CR-224
Criminal. Affirms 18-year executed sentence for conviction of Class B felony causing the death of another person while operating a vehicle with marijuana or its metabolite in her blood.

Keith Rich v. State of Indiana (mem. dec.)
79A04-1502-CR-49
Criminal. Affirms 20-year aggregate sentence for convictions of Class B felony counts of arson and burglary.

Kevin Owens v. State of Indiana (mem. dec.)
15A05-1502-CR-59
Criminal. Affirms two-year executed sentence for conviction of Class D felony operating a vehicle while intoxicated.

 

Opinions Sept. 24, 2015

Indiana Supreme Court
William Clyde Gibson III v. State of Indiana
22S00-1206-DP-359
Death penalty. Affirms the imposing of the death penalty following Gibson’s conviction for murder. Finds the sentence is not inappropriate “in light of the horrific manner in which Gibson took (his victim’s) life and his lack of redeeming character traits.” In regards to the jury, rules the trial court did not err in refusing to dismiss the entire venire panel and did not abuse its discretion in denying Gibson’s request to ask a case-specific question during voir dire, his for-cause juror challenges and his request to instruct the jury on voluntary manslaughter. Holds the trial court also did not abuse its discretion in denying Gibson’s request for a fourth continuance.

Plaintiff loses appeal over judgment on student loan

The successor interest in a student loan after its originator filed bankruptcy is entitled to judgment in its favor to collect a delinquent student loan, the Indiana Court of Appeals ruled Thursday.

Conour ‘American Greed’ episode airdate set

The true-crime documentary series “American Greed” next month will air an episode featuring convicted fraudster and former high-powered Indiana attorney William Conour.

Opinions Sept. 23, 2015 ILD

Indiana Court of Appeals

Charles Arnold v. State of Indiana (mem. dec.)
49A05-1503-CR-110
Criminal. Affirms convictions of Level 4 felony possession of a firearm by a serious violent felon and Level 5 felony battery by means of a deadly weapon.

In the Matter of the Term. of the Parent-Child Relationship of: G.W.L. IV: G.W.L. III v. The Ind. Dept. of Child Services (mem. dec.)
71A03-1505-JT-428
Juvenile. Affirms termination of parental rights.

Reginald Shirley v. State of Indiana (mem. dec.)
49A04-1412-CR-575
Criminal. Affirms conviction of Class A misdemeanor intimidation.  

Larry T. Bass v. State of Indiana (mem. dec.)
63A01-1502-CR-72
Criminal. Affirms revocation of probation.  

James Jay Green III v. State of Indiana (mem. dec.)
82A01-1411-CR-474
Criminal. Affirms 35-year sentence and convictions of Class A felony dealing methamphetamine and Class B felony possession of methamphetamine.

Opinions Sept. 23, 2015

Indiana Court of Appeals
In the Matter of Term. of the Parent-Child Relationship of: B.H. and S.H., and B.H. and M.B. v. The Ind. Dept. of Child Services
91A02-1504-JT-213
Juvenile. Affirms termination of parental rights. The trial court did not abuse its discretion by denying mother’s last-minute motions to continue termination hearings. There is no reason to conclude mother did not receive a fair hearing. The juvenile court did not err by finding that the termination of the relationship with mother and father is in the best interests of the children. The fact of father’s incarceration is not the sole evidence supporting termination.

Evidence of new crimes sufficient to revoke probation

A defendant’s admission that he was trespassing and a witness’s testimony that the defendant planned to steal tin from a Greene County resident’s property was sufficient to revoke the man’s probation, the Indiana Court of Appeals ruled Tuesday.

Justices weigh state fair stage collapse case

The Indiana Supreme Court is weighing arguments to decide if the state is liable for some of the damages faced by a rigging company in the 2011 state fair stage collapse that killed seven people.

Former Indiana mayor contends judge fell asleep during trial

Attorneys for a former northwestern Indiana mayor and his wife convicted of wire fraud and other charges for improperly using funds from his campaign and a city food pantry are asking for a new trial because they say a federal judge fell asleep during their trial.

COA affirms termination of parental rights

A mother and father of 8- and 9-year old children failed to convince the Indiana Court of Appeals that their parental rights were improperly terminated.

Duke rate hike from Edwardsport plant remanded

The Indiana Utility Regulatory Commission must weigh for the third time rate increases for Duke Energy consumers connected to delays in opening the Edwardsport coal gasification plant in Knox County.