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Opinions Sept. 18, 2015 ILD

Indiana Court of Appeals

CaNon Harper v. State of Indiana (mem. dec.)
10A05-1407-PC-343
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Term. of the Parent-Child Relationship of: Br. H. & Be.H. and C.H. v. The Ind. Dept. of Child Services (mem. dec.)
79A05-1412-JT-602
Juvenile. Affirms termination of parental rights.  

Robert Horner v. State of Indiana (mem. dec.)
71A03-1501-CR-10
Criminal. Affirms convictions of Level 6 felony intimidation and Class A misdemeanor battery.

U.S. Bank Trust National Association, as Trustee of American Homeowner Preservation Trust Series 2014A, Rex A. Wells v. Tera Klutz and Susan Orth (mem. dec.)
02A05-1503-MI-122
Miscellaneous. Reverses order denying U.S. Bank Trust’s motion to intervene as the mortgage holder of a property that was purchased at a tax sale and produced an $11,000 surplus. Remands to the trial court for proceedings to determine whether U.S. Bank Trust or the purchaser is entitled to the surplus funds.

Jonathan Finley v. State of Indiana (mem. dec.)
49A05-1503-CR-88
Criminal. Affirms conviction of Class D felony theft.

In the Matter of the Term. of the Parent-Child Relationship of M.C. and K.P. and C.C. v. The Ind. Dept. of Child Services (mem. dec.)
23A04-1503-JT-114
Juvenile. Affirms termination of parental rights.

In the Matter of the Term. of the Parent-child Relationship of: M.R.H. and M.M.E. and V.L.E. v. The Ind Dept. of Child Services (mem. dec.)
79A04-1502-JT-51
Juvenile. Affirms termination of parental rights.

Jevon Deandre Ollins v. State of Indiana (mem. dec.)
79A02-1502-CR-76
Criminal. Affirms four-year executed sentence and conviction of Class C felony battery resulting in serious bodily injury.

Marcus Hamilton v. State of Indiana (mem. dec.)
49A05-1502-CR-76
Criminal. Affirms four-year executed sentence and conviction of Level 5 felony battery.

Opinions Sept. 18, 2015

Indiana Supreme Court
Blake Layman & Levi Sparks v. State of Indiana
20S04-1509-CR-548.
Criminal. Vacates conviction of murder and remands for entry of conviction of Class B felony burglary and for Layman and Sparks to be resentenced accordingly. Members of the “Elkhart 4,” Layman and Sparks were convicted of murder in the death of Danzele Johnson, who was shot by a homeowner whose house the suspects burglarized. There was simply nothing about the Appellants’ conduct or the conduct of their cohorts that was ‘clearly the mediate or immediate cause’ of their friend’s death, the court held.

Women attorneys who opened doors honored by peers

With jokes and stories of fond memories, Barnes & Thornburg and the Indiana Bar Foundation honored the legacy of Shirley Shideler, the law firm’s first female attorney and female partner, and recognized three women who are creating impressive legacies in the law of their own.

Opinions Sept. 17, 2015 ILD

Indiana Court of Appeals

Jon Donovan v. State of Indiana (mem. dec.)
49A05-1503-CR-86
Criminal. Affirms conviction of Level 6 felony domestic battery.

Marvin Hester v. State of Indiana (mem. dec.)
48A02-1501-CR-28
Criminal. Affirms conviction of pointing a firearm at another person, a Class D felony.

Tyler Beathea v. State of Indiana (mem. dec.)
20A03-1411-CR-404
Criminal. Affirms convictions of Class B felony battery resulting in serious bodily injury of a child and Class D felony neglect of a dependent.

Opinions Sept. 17, 2015

Indiana Court of Appeals
Tywaun Carter v. State of Indiana
49A04-1502-CR-52
Criminal. Affirms Carter’s conviction of two counts of Level 1 felony rape and 32-year sentence on each count to be served concurrently in the Indiana Department of Correction. Finds the victim’s work as a prostitute did not render her testimony and statements unbelievable, incredible or improbable. Rules the fact that the victim had been engaging in prostitution does not excuse Carter’s violent behavior or make his sentence inappropriate.  

Marshal’s wage suit against town fails on appeal

A former marshal in a small southern Indiana town is not entitled to unpaid wages, overtime and other damages because the town employed fewer than five law enforcement officers, the Indiana Court of Appeals held Thursday in a matter of first impression.

Zoeller deals blow to plan to postpone test impact

Indiana’s attorney general dealt a major blow to a proposal by state schools Superintendent Glenda Ritz that would spare schools from being penalized for low scores on this year’s ISTEP exams.

General Motors settles criminal case over ignition switches

General Motors admitted it failed to disclose to the public a deadly problem with small-car ignition switches as part of a $900 million deal reached with federal authorities to avoid criminal charges, authorities announced Thursday.

Altice robing ceremony set for Monday

Former Marion Superior Judge Robert Altice’s public robing ceremony will be at 2 p.m. Monday in the Indiana Supreme Court courtroom, with Chief Justice Loretta Rush administering the oath to the state’s newest Court of Appeals judge.

Opinions Sept. 16, 2015

Indiana Court of Appeals

 

R.L. Turner Corporation v. William Wressell
06A05-1411-PL-540
Civil plenary. Affirms the trial court’s inclusion of fringe benefits in the calculation of total compensation and the calculation of attorney fees. Finds the trial court did not include any of Wressell’s overtime in its calculation of total compensation. Remands with instructions for the trial court to award Wressell an additional $1501.68.   

Attorney fees award was reasonable, COA rules

After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.

Federal court hosts naturalization ceremony

About 100 new Americans will become citizens Thursday during a naturalization ceremony sponsored by the U.S. District Court for the Southern District of Indiana.

Double jeopardy voids two cocaine convictions

A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.