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Opinions

Opinions

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Opinions April 20, 2018

Indiana Court of Appeals
Kavonya Jones v. State of Indiana

49A02-1708-CR-1950 
Criminal. Affirms Kavonya Jones’ Class A misdemeanor convictions of resisting law enforcement and driving while suspended. The evidence was sufficient to uphold the conviction, and the Marion Superior Court did not abuse its discretion in instructing the jury or in finding the alleged prosecutorial misconduct did not warrant a mistrial.
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Opinions April 18, 2018

Michael Flowers v. State of Indiana
10A01-1703-CR-586 
Criminal. Reverses revocation of Michael Flowers’ placement in community corrections, with the majority finding the Clark Circuit Court erred in its analysis of whether it had authority to order Flowers to community corrections. The majority found the trial court also acted on flawed analysis when it stated in a hearing that any order by a senior judge can be reviewed and modified or altered by the presiding judge. Remands for proceedings and a new order. Judge Patricia Riley dissents and would affirm the trial court, finding it had inherent judicial authority to modify the placement order under I.C. 33-23-2-4.
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Opinions April 17, 2018

Indiana Court of Appeals
City of Gary Police Civil Service Commission v. Raymond Robinson
45A05-1706-PL-1414
Civil plenary. Affirms the denial of the City of Gary Police Civil Service Commission’s motion to dismiss Raymond Robinson’s petition for judicial review and the trial court’s admission of evidence on summary judgment. Reverses the entry of summary judgment for Robinson. Finds the Lake Superior Court did not err when it denied the motion to dismiss. Also finds the commission did not preserve for appellate review its claim that the trial court considered inadmissible evidence on summary judgment. Finally, finds the trial court erred in entering summary judgment for Robinson. Remands for further proceedings.
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Opinions April 16, 2018

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of D.P., K.P., and M.P. (Minor Children), and J.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)
53A01-1709-JT-2144
Termination of parental rights. Affirms the termination of J.P.’s parental rights to her children D.P., K.P. and M.P. Finds the Indiana Department of Child Services established by clear and convincing evidence the requisite statutory elements to support the termination decision.
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Opinions April 13, 2018

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:

Elizabeth Roumbos v. Samuel G. Vazanellis & Thiros and Stracci, PC
45S03-1710-CT-635
Civil tort. Reverses the grant of summary judgment to Samuel G. Vazanellis and Thiros and Stracci, P.C. on Elizabeth Roumbos’ legal malpractice claim. Finds Vazanellis and the law firm failed to negate the causation element of Roumbos’ malpractice claim by failing to establish as a matter of law that Roumbos would not have succeeded in her premises liability claim. Remands.


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Opinions April 12, 2018

Indiana Supreme Court
Kristopher L. Weida v. State of Indiana

79S02-1711-CR-687
Criminal. Affirms and reverses in part probation conditions imposed on Kristopher Weida after he was convicted of incest with his teenage niece. Finds the probation condition restricting Weida from accessing websites “frequented by children” is not vague, unreasonable or unduly intrusive on Weida’s constitutional rights. Also finds the probation condition prohibiting Weida from accessing the Internet without approval from his probation officer is unreasonable because it does not reasonably relate to his rehabilitation and to protecting the public. Remands for further proceedings.
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Opinions April 11, 2018

Indiana Court of Appeals
Stephen Wirthlin v. State of Indiana

24A01-1711-CR-2662
Criminal. Reverses the denial of Stephen Wirthlin’s motion to withdraw his guilty plea to Level 6 felony charges of possession of methamphetamine and dealing in a synthetic drug or synthetic drug lookalike. Finds Wirthlin did not knowingly, intelligently and voluntarily waive his right to counsel at the initial or guilty plea hearings. Remands with instructions to withdraw Wirthlin’s guilty plea and vacate his conviction and sentence of two years, with 16 months suspended to probation, and for further proceedings.
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Opinions April 10, 2018

7th Circuit Court of Appeals
Kelly Jean Linderman v. U.S. Bank National Association
17-1770
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the district court’s judgment in favor of U.S. Bank National Association on Kelly Jean Linderman’s claim under the Real Estate Settlement Procedures Act. Finds U.S. Bank did not violate the act.
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Opinions April 9, 2018

Indiana Court of Appeals

K.K. v. State of Indiana
49A02-1710-JV-2274
Juvenile. Affirms K.K.’s adjudication as a juvenile delinquent for committing acts that would be Level 4 felony burglary and Level 6 felony theft if committed by an adult. Finds the Marion Superior Court did not abuse its discretion in admitting fingerprint evidence.


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