Opinions July 8, 2015 ILD
Indiana Court of Appeals
Anthony Furlani v. State of Indiana (mem. dec.)
49A02-1412-CR-830
Criminal. Affirms aggregate sentence of 35 years for four counts of child molestation as Class A felonies and three counts of child molestation as Class C felonies.
Jamie Johnson v. Courtney Johnson (mem. dec.)
88A01-1409-DR-406
Domestic relation. Affirms final dissolution decree. Finds any error in failing to explain a deviation from a 50/50 division of remaining property was harmless. Also rules trial court did not abuse its discretion in refusing to order Courtney Johnson to pay attorney fees to Jamie Johnson.
Kyle Beals v. State of Indiana (mem. dec.)
49A02-1411-PC-776
Post conviction. Affirms denial of petition for post-conviction relief.
Eric L. Carter v. State of Indiana (mem. dec.)
63A01-1412-CR-527
Criminal. Affirms 12-year sentence for possession of a firearm by a serious violent felon, as a Class B felony.
Anteis Robinson v. State of Indiana (mem. dec.)
49A04-1411-CR-536
Criminal. Affirms conviction of resisting law enforcement, as a Class A misdemeanor.
Rumaldo M. Juarez v. State of Indiana (mem. dec.)
29A04-1410-CR-508
Criminal. Affirms convictions of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor.
Christopher Rehtorik v. Jamie Rehtorik (mem. dec.)
64A03-1411-DR-402
Domestic relation. Affirms trial court’s determination that Jamie Rehtorik was entitled to claim minor child on her 2012 federal and state tax returns and affirms denial of Christopher Rehtorik’s motion for rule to show cause. Also affirms order for Christopher Rehtorik to pay $6,000 of Jamie Rehtorik’s attorney fees. Declines Jamie Rehtorik’s request for appellate attorney fees.
Christopher J. Wilson v. State of Indiana (mem. dec.)
79A02-1411-CR-791
Criminal. Affirms 13-year sentence for pleading guilty to sexual misconduct with a minor, a Class B felony.
Mohammed Nadeem v. Shahidatul Abubakar (mem. dec.)
02A04-1407-DR-343
Domestic relation. Affirms order dissolving marriage. Finds trial court did not abuse its discretion in choosing a valuation date for certain marital assets or in failing to consider the fund Nadeem had received from his family as marital debt. Also rules trial court did not abuse its discretion in awarding 60 percent of the marital estate to Abubakar or in ordering Nadeem to pay $14,000 in Abubakar’s attorney fees. Judge Margret Robb concurs in result without opinion.
Kenneth Cushingberry v. State of Indiana (mem. dec.)
49A02-1410-CR-724
Criminal. Affirms one-year sentence for convictions of theft, as a Class A misdemeanor, and possession of marijuana, as a Class B misdemeanor.
Cindy Brothers, As Personal Representative of the Estate of Kristopher Stately, Deceased, Alicia Arnold and Tiffany Arnold v. Lake Holiday Enterprises, Inc. (mem. dec.)
37A03-1410-CT-347
Civil tort. Affirms summary judgment in favor of Lake Holiday on Alicia and Tiffany Arnold’s bystander claims of negligent infliction of emotional distress. Finds its reversal of summary judgment on the remaining claims remains appropriate.
Allen E. Wilson v. Amy L. Wilson (mem. dec.)
34A02-1410-DR-754
Domestic relation. Affirms trial court’s denial of Allen Wilson’s post-judgment requests for further discovery and exclusion of husband’s $36,815 advance from the marital estate. Reverses trial court’s inclusion of four race cars in the marital estate and the valuation of the 2002 Corvette. Remands with instructions that the trial court include only the $7,500 Outlaw in the marital estate and value the 2002 Corvette at $19,000.