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Opinions Feb. 4, 2015 ILD

Indiana Court of Appeals
George Layton v. State of Indiana (mem. dec.)
58A05-1406-CR-292
Criminal. Affirms sentence following guilty plea to one count of Class B felony conspiracy to commit dealing methamphetamine.

Glenn Beard v. State of Indiana (mem. dec.)
49A05-1312-CR-618
Criminal. Affirms felony murder conviction.

Jason E. Morales v. State of Indiana (mem. dec.)
82A01-1405-PC-206
Post conviction. Affirms denial of petition for post-conviction relief.

Elwin Hart v. State of Indiana (mem. dec.)
49A05-1406-PC-273
Post conviction. Affirms denial of petition for post-conviction relief.

Jerome Sumlin v. State of Indiana (mem. dec.)
49A02-1406-CR-434
Criminal. Affirms convictions and sentence for Class B felonies conspiracy to commit dealing in a narcotic drug, dealing in a narcotic drug and possession of a firearm by a serious violent felon.

 

Opinions Feb. 4, 2015

Indiana Court of Appeals
Loren H. Fry v. State of Indiana
09A05-1404-CR-178
Criminal. Affirms felony murder conviction. Concludes the state properly corroborated the hearsay evidence it submitted in support of its request for a search warrant for Fry’s home, circumstantial evidence supports his conviction, there was no prosecutorial misconduct or an error by the court in denying his jury instruction on mere presence.

Court rules in favor of hospital in contract dispute

A Lake County medical center prevailed in an appeal filed by the other party in a contract to provide anesthesiology services for patients. The Indiana Court of Appeals affirmed summary judgment in favor of the hospital on several breach of contract claims.

Man’s conviction for murdering neighbor upheld

Citing a wide array of circumstantial evidence to support a Cass County man’s murder conviction in connection with his neighbor’s death, the Indiana Court of Appeals affirmed the conviction.

Opinions Feb. 3, 2015 ILD

Indiana Court of Appeals
Chris Schumacher v. Theresa Martin-Schumacher (mem. dec.)
88A01-1407-MI-285
Miscellaneous. Affirms order declaring the Schumachers were not married as a result of their wedding ceremony and they both have the status of single persons.

Andrew Wedge v. State of Indiana (mem. dec.)
82A01-1403-CR-143
Criminal. Affirms conviction of Class B felony manufacture of methamphetamine.

Mark A. Kimmel v. State of Indiana (mem. dec.)
51A05-1407-CR-351
Criminal. Affirms Class D felony theft conviction.

In the Matter of the Termination of the Parent-Child Relationship of: A.W. (Minor Child) and A.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
50A03-1406-JT-221
Juvenile. Affirms involuntary termination of parental rights.

In Re: the Paternity of D.Y.E., M.D. (Father) v. A.G. (Mother) (mem. dec.)
64A03-1408-JP-289
Juvenile. Affirms order imposing a short period of supervised parenting time before father could exercise parenting time pursuant to the Indiana Parenting Time Guidelines.

Fabian Gomez v. State of Indiana (mem. dec.)
45A03-1405-PC-145
Post conviction. Affirms denial of petition for post-conviction relief.

Travis J. Monroe v. State of Indiana (mem. dec.)
03A04-1408-CR-368
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Everett Harry Koonce, Jr. v. State of Indiana (mem. dec.)
45A03-1405-CR-184
Criminal. Affirms sentence for Class C felony attempted battery by means of a deadly weapon.

Julie Wright v. State of Indiana (mem. dec.)
49A02-1406-CR-392
Criminal. Affirms conviction of Class A misdemeanor conversion.

In the Matter of the Termination of the Parent-Child Relationship of: T.P., K.P., and D.P., minor children, and D.S., Mother, and B.P., Father v. The Indiana Department of Child Services (mem. dec.)
53A01-1408-JT-337
Juvenile. Affirms termination of parental rights.
 

Opinions Feb. 3, 2015

Indiana Court of Appeals
Nick Hunckler v. Air Sorce-1, Inc., Timothy Miller and Kelly A. Brannen
84A01-1405-CT-217
Civil tort. Reverses summary judgment in favor of the defendants on Hunckler’s personal injury claim. There are material issues of fact that exist and therefore preclude any grant of summary judgment that determined Miller was not liable by virtue of his position as an officer of the corporation as that would be erroneous. Remands for further proceedings. Judge Robb concurs in result with opinion.

Supreme Court seeks state funds for technology, access to courts

A group of four representatives of the Indiana Supreme Court explained to the House Ways & Means Committee Tuesday morning why the state should give the judiciary millions of dollars for court technology, access to courts and criminal code reform.

COA affirms father must pay $876 in child support to non-custodial parent

There was no error by a trial court when it ordered a father to pay his ex-wife, who is the non-custodial parent of their two children, nearly $900 a week in child support, the Court of Appeals affirmed Tuesday. The order and figure are supported by the Indiana Child Support Guidelines.