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Opinions March 18, 2014 ILD

Indiana Court of Appeals
Filiberto Rivera v. State of Indiana (NFP)
82A04-1305-CR-264
Criminal. Affirms convictions and sentence for Class C felony burglary, Class D felony theft, and two counts of Class B misdemeanor criminal mischief.

Edgardo Jose Guido v. State of Indiana (NFP)
45A03-1307-CR-286
Criminal. Affirms conviction and sentence for Class B felony incest.

Shawn McWhorter v. State of Indiana (NFP)
73A01-1309-PC-375
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of: Bry.B. and B.B. (minor children) and A.B. (Mother) and M.B. (Father) v. Indiana Department of Child Services (NFP)
54A01-1310-JT-450
Juvenile. Affirms involuntary termination of parental rights.

Cecil Koger and Koger's, Inc. v. T&C, Inc., d/b/a I-70 Wrecker Service (NFP)
55A01-1305-CT-187
Civil tort. Affirms partial grant and partial denial of Koger’s motion for summary judgment on certain claims of T&C Inc. in its complaint for damages.

Ronnie D. Conley v. State of Indiana (NFP)
57A03-1308-CR-335
Criminal. Affirms convictions of two counts of Class B felony dealing in a Schedule I, II or III controlled substance.

Harold Weir v. Riverwalk Holdings, LTD (NFP)
18A02-1310-CC-853
Civil collection. Affirms summary judgment for Riverwalk Holdings in an action to collect an indebtedness arising from a credit card account assigned to Riverwalk.  

Dennis Hankins v. State of Indiana (NFP)
30A01-1305-CR-234
Criminal. Affirms conviction of Class C felony attempted burglary.

Gayle Clark, Jr. v. State of Indiana (NFP)
76A05-1305-CR-261
Criminal. Affirms sentence for Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia.

Eric Lewis v. State of Indiana (NFP)
36A04-1309-CR-464
Criminal. Affirms five-year sentence for Class C felony nonsupport of a dependent child.

Robert Fultz v. State of Indiana (NFP)
71A03-1311-CR-437
Criminal. Affirms sentence following guilty plea to Class D felony theft and admittance to being a habitual offender.

Henry Woods v. State of Indiana (NFP)
49A02-1308-CR-701
Criminal. Affirms order Woods pay $1,600 in restitution for damage to Bianca Cunningham’s vehicle.

In the Matter of the Termination of the Parent-Child Relationship of: C.O. (Minor Child) and T.E. (Mother) v. The Indiana Department of Child Services (NFP)
06A04-1307-JT-367
Juvenile. Affirms termination of parental rights.

Tony M. Castoreno, Jr. v. State of Indiana (NFP)
12A04-1306-CR-290
Criminal. Affirms convictions of Class C felony battery by means of a deadly weapon and Class A misdemeanor unlawful possession of a firearm by a domestic batterer.

Timothy R. Hartwell v. State of Indiana (NFP)
84A04-1304-CR-208
Criminal. Affirms finding of guilty but mentally ill of Class C felony criminal stalking.

Renee Berry, as Personal Representative of the Estate of Jeffery Berry, Deceased v. Duke Energy Indiana, Inc., d/b/a Duke Energy (NFP)
49A02-1306-CT-483
Civil tort. Affirms judgment in favor of Duke Energy Indiana on Berry’s complaint alleging negligence.

The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

Opinions March 18, 2014

Indiana Supreme Court
David S. Delagrange v. State of Indiana
49S04-1304-CR-249
Criminal. Affirms convictions of four counts of Class C felony attempted child exploitation, finding sufficient evidence supports them. The state did not need to show Delagrange actually succeeded in capturing images of uncovered genitals, just that he took a “substantial step” toward doing so.

Judges uphold revocation of counselor’s license

The Indiana Court of Appeals has affirmed the decision to revoke a mental health counselor’s license after she developed a personal attachment to a patient and ignored the patient’s request to leave her alone.

Mother loses appeal of CHINS finding

The Indiana Court of Appeals rejected a mother’s argument that child in need of services findings should be vacated because the judge in the matter should not have been able to make a negative inference from her invocation of her Fifth Amendment right not to testify.

Justices take 4 cases

The Indiana Supreme Court accepted four cases on transfer last week, which included a decision on a first impression issue on whether third-party carriers are included in the statute regarding filing proposed medical malpractice complaints.

Opinions March 17, 2014 ILD

Indiana Court of Appeals
Eddie Horton v. State of Indiana (NFP)
49A05-1307-CR-323
Criminal. Affirms conviction of Class C felony child molesting.

Derrick Anthony Edwards v. State of Indiana (NFP)
45A04-1308-CR-414
Criminal. Affrms 12-year sentence for Class B felony dealing in a narcotic drug.

Todd A. Kiser v. State of Indiana (NFP)
43A05-1309-CR-461
Criminal. Affirms conviction and sentence for two counts of Class D felony residential entry and one count of Class D felony failure to appear.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

Opinions March 14, 2014 ILD

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: K.D., S.D., and I.D., Minor Children, and D.D., Father v. The Indiana Department of Child Services (NFP)
53A01-1307-JT-315
Juvenile. Affirms termination of parental rights.

Cleveland Munoz v. State of Indiana (NFP)
49A02-1307-CR-567
Criminal. Affirms convictions of two counts of Class C felony child molesting.

Jason Roudebush v. State of Indiana (NFP)
80A04-1301-PC-46
Post conviction. Affirms denial of petition for post-conviction relief.

Beverly K. Oswald v. CNB National Lending, LLC, Bryce A. Bly, Eric Swedenburg and Andrea Swedenburg (NFP)
82A01-1305-CC-223
Civil collection. Affirms order in favor of CNB, Bly and the Swedenburgs that concluded they did not breach the settlement and release agreement. Affirms separate award of attorney fees.

David Lee Robinson v. State of Indiana (NFP)
45A05-1308-CR-401
Criminal. Affirms sentence following guilty plea to Class C felony failure to register as a sex offender.

C.B. v. G.N. (NFP)
18A02-1308-JP-677
Juvenile. Affirms order requiring M.D.B. to assume the surname of his father G.N.

Mary Sparks v. Harborside Nursing Home (NFP)
93A02-1307-EX-616
Agency action. Affirms denial of claim for workers’ compensation benefits.

The Indiana Supreme Court and Tax Court posted no opinions Friday by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions March 14, 2014

7th Circuit Court of Appeals
Leonard Thomas v. Keith Butts, et al.
12-2902
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Vacates dismissal of Thomas’ lawsuit against prison officials alleging deliberate indifference to his epilepsy in violation of the Eighth Amendment. The judge dismissed the suit without determining if Thomas was at fault for not paying the initial filing fee.

Insurance policy does not fall under Pre-Need Act

A Marion Superior Court correctly ruled that a company that sells an insurance policy with the option to assign it to a trust to use the funds for funeral services is not subject to the Pre-Need Act, the Indiana Court of Appeals ruled.

7th Circuit orders judge to reconsider dismissal of prisoner’s suit

Finding that a District Court judge should have tried to learn why an inmate had not paid his initial filing fee on a lawsuit before the judge dismissed it for nonpayment, the 7th Circuit Court of Appeals ordered the lower court to take another look at the case.

Justices: Mother entitled to attorney during CHINS proceedings

Because a mother was denied her statutory right to counsel during the course of child in need of services proceedings, and those proceedings directly flowed into the action to terminate her parental rights and adopt out her child, the Indiana Supreme Court vacated the judgment terminating her parental rights.