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Kevin Fitzgerald v. Sarah O’Brien
24A-DN-200
Domestic relations without children. Reverses Johnson Superior Court Judge Peter Nugent’s division of marital property following the dissolution of Kevin Fitzgerald’s marriage to Sarah O’Brien. Finds the trial court abused its discretion because it awarded O’Brien more than the net value of the marital estate in contravention of Smith v. Smith, 938 N.E.2d 857 (Ind. Ct. App. 2010). Remands this case to the trial court for a just and reasonable division of the marital estate not exceeding the net value of the marital estate. Attorney for appellant: Daniel Canon. Attorney for appellee: Heather Myers.
Roy C. Robinson v. State of Indiana
24A-CR-1814
Criminal. Affirms Roy Robinson’s convictions in Marion Superior Court of two counts of Level 1 felony rape, Level 1 felony attempted rape, Level 3 felony kidnapping, Level 3 felony criminal confinement, Level 6 felony operating a vehicle as a habitual traffic violator, Level 6 felony resisting law enforcement while operating a vehicle, and Level 6 felony resisting law enforcement causing bodily injury and his aggregate 44-year prison sentence. Finds Robinson failed to establish a substantive double-jeopardy violation. Judge L. Mark Bailey concurs in part and dissents in part with a separate opinion. Attorney for appellant: Christopher Taylor-Price. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Michelle Kazmierczak.
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