neglect

Indiana Court of Appeals
Bianca Mosley v. State of Indiana (NFP)
82A01-1301-CR-6
Criminal. Affirms trial court order that Mosley pay $195 in restitution.
 
In Re: Matter of L.R. v. State of Indiana (NFP)
49A05-1301-JV-25
Juvenile. Affirms delinquency adjudication for an act that would constitute Class D felony theft if committed by an adult.

Curtis Ray Brock v. State of Indiana (NFP)
87A05-1303-CR-121
Criminal. Affirms one-year and 180-day sentence for convictions of Class A misdemeanor battery and Class B misdemeanor battery.

Gary Napers v. State of Indiana (NFP)
48A02-1302-CR-147
Criminal. Affirms six-year executed sentence for conviction of Class D felony receiving stolen property and finding of habitual offender. Reverses order on costs and fees and remands for a determination of ability to pay and date of first installment.

Darrell Spillers v. State of Indiana (NFP)
84A01-1302-CR-70
Criminal. Affirms revocation of probation for conviction of Class C felony robbery and Class D felony intimidation.

William Temple v. State of Indiana (NFP)
49A02-1210-PC-895
Post conviction. Affirms denial of post-conviction relief from a Class D felony conviction of failure to register as a sex offender and habitual offender enhancement.

In Re The Involuntary Termination of the Parent-Child Relationship of E.M., G.M., and L.M.: B.M. v. The Indiana Department of Child Services (NFP)
29A02-1301-JT-64
Juvenile. Affirms modification of child support.

Anthony Eugene Winder v. State of Indiana (NFP)
02A03-1212-CR-539
Criminal. Affirms in part, reverses in part and remands a conviction and 50-year sentence for two counts of Class A felony robbery resulting in serious bodily injury and attempted robbery enhanced by a habitual offender finding. Orders attempted robbery conviction reduced to a Class C felony and sentence entered accordingly.

Lloyd Kirk v. State of Indiana (NFP)
49A05-1302-CR-66
Criminal. Affirms in part and reverses in part convictions for Class A felony rape and Class C felony battery. Vacates felony battery conviction as double-jeopardy.

In Re The Marriage of Kathryn Y. Huffer and Charles C. Dorton, Kathryn Y. Huffer v. Charles C. Dorton (NFP)
32A01-1212-DR-583
Domestic relation. Affirms modification of child support. 

Henry L. Newton v. State of Indiana (NFP)
82A05-1301-CR-22
Criminal. Affirms in part, reverses in part and remands convictions of Class A felony burglary, Class B felony robbery, Class D felony theft and habitual offender finding. The robbery conviction is ordered and sentence is reduced to a Class C felony, but the aggregate 65-year sentence stands because the lesser sentences were ordered served concurrently.

Joseph A. Taylor v. State of Indiana (NFP)
22A01-1302-CR-64
Criminal. Remands to the trial court a denial of motion for relief from judgment and orders the matter dismissed as it is barred by the doctrine of res judicata.

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

Indiana Court of Appeals
Joshua Gomillia v. State of Indiana
49A02-1301-CR-77
Criminal. Affirms 45-year sentence with 40 years executed for convictions of Class A felony criminal deviate conduct and Class B felony robbery, holding that the trial court did not abuse its discretion in sentencing when it referenced the victim’s strength and support system. The court also held that to the extent that an element of the crime was considered an aggravator, it is no longer improper double enhancement in light of the sentencing scheme adopted after Pedraza v. State, 887 N.E.2d 77, 80 (Ind. 2008).

The NFL and more than 4,500 former players want to resolve concussion-related lawsuits with a $765 million settlement that would fund medical exams, concussion-related compensation and medical research, a federal judge said Thursday. IBJ.com has the story.

Indiana Court of Appeals
Troy A. Schnitz v. State of Indiana (NFP)
35A02-1212-CR-965
Criminal. Vacates conviction of Class B felony neglect of a dependent but affirms aggregate sentence of 47 years with three years suspended on conviction of three counts of Class B felony battery resulting in serious bodily injury and one count of Class D felony battery.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

Indiana Court of Appeals
In the Matter of the Trust of Dorothy Rhoades; Robert Kutchinski and Shelia Graves, f/k/a Shelia Kutchinski v. Joseph Strazzante and Monty Strazzante, Co-Trustees
45A03-1206-TR-296
Trust. Reverses and remands trial court order granting summary judgment in favor of Joseph and Monty Strazzante, holding that it was inappropriate because there are genuine issues of material fact regarding Dorothy Rhoades’ capacity to amend provisions of a trust days before she died and as to whether she was unduly influenced.

Indiana Court of Appeals
Kenneth Compton v. State of Indiana (NFP)
49A02-1301-CR-90
Criminal. Affirms 20-year executed sentence for conviction of Class B felony robbery, Class B felony criminal confinement and Class B felony unlawful possession of a firearm by a serious violent felon.

Christopher C. Anderson v. State of Indiana (NFP)
71A05-1302-CR-78
Criminal. Affirms revocation of probation on conviction of Class B felony possession of cocaine and Class A misedemeanor possession of marijuana.

Oscar Eduardo Perez v. State of Indiana (NFP)
20A03-1212-PC-532
Post conviction. Affirms denial of post-conviction relief from a conviction of murder and Class D felony criminal gang activity.

Hakuru Simaha v. State of Indiana (NFP)
06A01-1301-CR-29
Criminal. Affirms conviction of seven counts of Class C felony forgery and Class A misdemeanor possession of marijuana.

Jamel Douglas Gilbert v. State of Indiana (NFP) 
45A03-1201-PC-7
Post conviction. Affirms denial of post-conviction relief from a conviction of murder.

In Re The Guardianship of K.S., S.E., v. K.B. (NFP)
10A01-1210-GU-473
Guardianship. Affirms termination of S.E.’s guardianship of her niece, K.S., and S.E’s subsequent request for visitation with K.S.  

Dana L. Bering v. State of Indiana (NFP)
57A05-1212-CR-646
Criminal. Affirms on interlocutory appeal denial of a motion for discharge under Criminal Rule 4(c).

Charles Settles v. State of Indiana (NFP)
49A05-1302-CR-77
Criminal. Affirms conviction of Class C felony burglary.

Teresa Smith v. State of Indiana (NFP)
34A04-1303-CR-131
Criminal. Affirms 14-year executed sentence for conviction of Class B felony criminal deviate conduct.

Michael Pace v. State of Indiana (NFP)
49A04-1302-CR-77
Criminal. Affirms conviction of two counts of Class B felony child molesting.

Anthony Owens v. State of Indiana (NFP)
49A02-1301-CR-50
Criminal. Affirms conviction of Class C felony alteration of vehicle identification number and reverses and remands to the trial court to correct the chronological case summary that erroneously states convictions on other counts.

Dennis Watson v. Michael Abraham, d/b/a Abraham Custom Paint Studio (NFP)
64A03-1302-PL-69
Civil plenary. Dismisses for lack of jurisdiction an appeal of a trial court order because it was neither final nor interlocutory.

Terry E. Pearsall v. State of Indiana (NFP)
49A04-1301-CR-45
Criminal. Affirms conviction of Class A misdemeanor battery.

Indiana Tax Court issued no opinions by IL deadline. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Indiana Supreme Court
Mary Elizabeth Santelli, as Administrator of the Estate of James F. Santelli v. Abu M. Rahmatullah, Individually and d/b/a Super 8 Motel
49S04-1212-CT-667
Civil tort. Affirms judgment of trial court under the Indiana Comparative Fault Act in which a jury determined total damages of $2,070,000 in the death of hotel guest James Santelli. The jury apportioned fault under the Act as follows: 1 percent fault to Santelli, 2 percent to hotel owner Abu Rahmatullah, and 97 percent to the killer, Joseph Pryor, who formerly worked at the hotel, providing an award for the estate of $41,400.