Search Results

Indiana Court of Appeals
Catherine Adkins v. State of Indiana
25A-PC-438
Post-conviction relief. Affirms the Wayne Superior Court’s denial of Catherine Adkins’ motion for declaratory judgment that Indiana Post-Conviction Rule 1(10) —a rule limiting when a court may impose a harsher sentence after post-conviction relief— would cap any future sentence for her at 30 years. Finds the rule limits a court’s authority to resentence a defendant for the same offense after post-conviction relief. Also finds it neither curtails the state’s authority to file a new charge based on new evidence nor restricts the sentencing court from applying the proper statutory range to that conviction. Attorneys for appellant: Amy Karozos, James Ackllin. Attorneys for appellee: Todd Rokita, Caroline Templeton.

Indiana Court of Appeals
Treyburn Lakes Homeowners Association, Inc. v. Solomon L. Scott, et al.
25A-CC-646
Civil collections. Reverses the Marion Superior Court’s order where the court refused to include the Treyburn Lakes Homeowners Association, Inc.’s prior attorney fees in the foreclosure decree against Solomon Scott and reduced the association’s request for attorney fees in the foreclosure action itself from $5,754 to $1,424 without conducting a hearing. Finds the trial court abused its discretion by excluding from the foreclosure judgment the amounts for attorney fees and costs awarded in prior judgments that were secured by the association’s lien that was being foreclosed. Also finds the trial court also abused its discretion when it awarded only 20% of the association’s attorney fees and costs associated with the current foreclosure proceeding without conducting a hearing. Remands with instructions for the trial court to: (include unpaid attorney-fee and costs awards from prior judgments in the foreclosure decree and  conduct a hearing at which the parties may present evidence about the reasonableness of the attorney fees requested by the association for this foreclosure proceeding. Attorney for appellant: Zachary Cronkhite. No attorney listed for appellee.

Indiana Court of Appeals
Adil Rafiq v.State of Indiana
25A-CR-269
Criminal. Affirms Adil Rafiq’s convictions in Marion Superior Court of of Level 1 felony child molesting1 and Level 4 felony child molesting, as well as his aggregate sentence of 25 years. Finds Rafiq’s child molesting convictions did not subject Rafiq to double jeopardy, and his 25-year sentence is not inappropriate in light of the nature of his offenses and his character. Attorney for appellant: Josiah Swinney. Attorneys for appellee: Attorney General Todd Rokita, Samuel Dayton.