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Opinions, Nov. 12, 2014 ILD

Indiana Court of Appeals
Jason L. Dague v. State of Indiana (NFP)
01A05-1406-CR-250
Criminal. Affirms revocation of probation and order that Dague’s sentence for two counts of check fraud be executed.

Sergio C. Poitan v. State of Indiana (NFP)
73A01-1402-CR-80
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.

Charles S. Howlett v. State of Indiana (NFP)
49A02-1403-CR-189
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Kenneth Kilpatrick v. State of Indiana (NFP)
48A02-1402-CR-105
Criminal. Affirms conviction of Class D felony theft.

James T. Bagby v. State of Indiana (NFP)
34A04-1309-PC-453
Post conviction. Affirms denial of petition for post-conviction relief.

Dr. Steven C. Prescott v. St. Mary of the Woods College (NFP)
84A01-1407-PL-287
Civil plenary. Affirms summary judgment against Prescott and in favor of the college on his complaint alleging the school had breached its contract with him when it terminated his employment as a tenured professor.

In the Matter of the Termination of the Parent-Child Relationship of: A.L., A.F.L, C.L. and D.L.; C.L. and A.L. v. The Ind. Dept. of Child Services (NFP)
71A03-1403-JT-79
Juvenile. Affirms termination of mother and father’s parental rights.

Jeff Leath v. State of Indiana (NFP)
79A05-1404-CR-149
Criminal. Affirms conviction of Class D felony unlawful sale of a precursor.

Nathaniel Harris v. State of Indiana (NFP)
49A04-1405-CR-205
Criminal. Affirms order that Harris serve the remainder of his previously suspended sentence.

Thomas Holliday v. State of Indiana (NFP)
89A04-1404-CR-177
Criminal. Affirms 55-year sentence following guilty plea to murder.

Kendra D. Phillips v. State of Indiana (NFP)
10A01-1310-CR-446
Criminal. Affirms six-year sentence for Class C felony neglect of a dependent causing bodily injury.

Maurice T. Higgins v. State of Indiana (NFP)
02A03-1404-CR-117
Criminal. Affirms three-year sentence following guilty plea to Class D felony battery resulting in bodily injury.

Eric A. Turner v. State of Indiana (NFP)
02A04-1404-CR-161
Criminal. Affirms 30-year sentence, with 18 years executed, following guilty plea to three counts of Class B felony robbery.

JLO LLC v. Kent Kalley, Aaron D. Kalley, Industrial Centre Federal Credit Union, Town of Yorktown, Muncie Sanitary District, et al. (NFP)
18A02-1404-MI-226
Miscellaneous. Affirms order denying JLO’s petition for tax deed regarding certain property located in Yorktown.

Brandon Stewart Temple v. State of Indiana (NFP)
41A01-1403-CR-144
Criminal. Affirms 13-year sentence, with nine years executed and four years suspended, following guilty plea to Class B felony child molesting.
 

Opinions Nov. 12, 2014

Indiana Court of Appeals
Jeffrey Z. Hayden v. State of Indiana
55A04-1403-CR-116
Criminal. Affirms sufficient evidence to convict Hayden of burglary, theft and residential entry. Remands with instructions to vacate guilty verdict on residential entry as it is a lesser-included offense of burglary and to clarify the entry of judgment as to whether to enter judgment and sentence on the theft conviction or to vacate the jury’s guilty verdict.

Appeals court upholds burglary conviction but sends matter back to trial court

The Indiana Court of Appeals found sufficient evidence to conclude that a man’s house qualified as a dwelling, thereby supporting a defendant’s burglary conviction. But the judges sua sponte reviewed the trial court’s entry of judgment and sentencing order and decided to send the matter back to the lower court.

COA: Judge should dismiss habeas petition

The Indiana Court of Appeals found a Henry County judge erred when he denied an inmate’s petition for habeas corpus challenging a disciplinary decision from the Indiana Department of Correction. The judge should have instead dismissed the petition.

OneAmerica pays $800K over fraud orchestrated by ex-employee

OneAmerica Securities Inc. has agreed to pay the state $805,000 to settle allegations it failed to supervise a former employee who helped orchestrate an $8.9 million Ponzi scheme in Ohio, Kentucky and southeastern Indiana.

Evansville Bar Association honors veterans

The Evansville Bar Association is hosting its 4th annual Veterans Day Celebration Tuesday to honor the men and women of the bar association who have served in the United States Armed Forces.

Lawsuit aims to halt Eagle Creek Park deer hunt

A lawsuit filed by a longtime user of Indianapolis’ Eagle Creek Park seeks to stop the “illegal hunting and senseless slaughter of white-tailed deer” planned later this month in the municipal park.

Opinions Nov. 10, 2014 ILD

Indiana Court of Appeals
Kwang Moo Yi v. Deer Creek Homeowners Association, Inc, (NFP)
49A05-1405-MI-233
Miscellaneous. Affirms grant of preliminary injunction ordering Yi to disassemble and remove a rain barrel and plumbing system from his property. Remands for consideration of issuance of a permanent injunction as well as an award of attorney fees.

Steve Mitchell v. Dan R. Walker (NFP)
27A05-1405-CC-202
Civil collection. Affirms judgment in favor of Walker on Mitchell’s complaint alleging Walker repossessed a property in violation of the parties’ June 2010 agreement.

Frontline National, LLC v. Kathy Steinhauer (NFP)
93A02-1405-EX-308
Agency action. Affirms denial of Frontline National’s application for review of the order that it pay workers’ compensation benefits to Kathy Steinhauer.

Matthew A. Mahoney v. State of Indiana (NFP)
84A01-1405-CR-191
Criminal. Affirms sentence for three counts of Class B felony sexual misconduct with a minor; Class C felony sexual misconduct with a minor; and one count each of Class D felonies vicarious sexual gratification, child solicitation and dissemination of matter harmful to minors.

In the Matter of the Termination of the Parent-Child Relationship of G.L.: G.W.L., III (Father) v. Ind. Dept. of Child Services (NFP)
71A03-1404-JT-141
Juvenile. Remands for the probate court to enter factual findings that conform to the requirements of the Indiana Trial Rules and Court of Appeals precedent.

Daniel E. Hoagland and Karen S. Hoagland v. Michael C. Mosier and Jeffery A. Mosier, Co-Executors of the Estate of Dorothy H. Mosier, et al. (NFP)
76A03-1403-MI-87
Miscellaneous. Affirms trial court order that counsel file a motion to substitute Michael and Jeffrey Mosier as co-executors of Dorothy Mosier’s estate, the garnishment orders against the Hoaglands, and the order of service of the garnishment order on Hoagland Electric Inc.

Michael Janitz v. State of Indiana (NFP)
49A02-1403-CR-197
Criminal. Affirms Class A misdemeanor battery conviction.

Darnell Johnson v. State of Indiana (NFP)
48A04-1402-CR-82
Criminal. Affirms revocation of probation and execution of previously suspended sentence.

 

Indiana high court suggests mediation in IBM case

The Indiana Supreme Court is asking attorneys for the state and IBM Corp. to consider mediation to settle their dispute over IBM's failed attempt to privatize Indiana's welfare services.

COA: Standard of care same for all doctors

The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.