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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Indiana Supreme Court decision was posted after IL deadline Friday.
Corey R. Faith v. State of Indiana
19S-CR-499
Criminal. Revises the sentencing order from an aggregate 70 years in prison to an executed sentence of 60 years in prison for Corey Faith’s conviction in Harrison Superior Court on three counts of Class A felony child molesting. Finds that under the circumstances of the case, the Court of Appeals’ reduction of Faith’s sentence to 30 years executed was wholly inadequate. Justice Geoffrey Slaughter dissents to the grant of transfer but would affirm the trial court.
Monday’s opinions
Indiana Court of Appeals
Jordin C. Shoda v. State of Indiana
18A-CR-2279
Criminal. Affirms Jordin Shoda’s conviction of two counts of Level 1 felony child molesting and one count of Level 4 felony child molesting. Finds the Whitley Circuit Court did not abuse its discretion by concluding that A.E.’s statements during a forensic interview were admissible under the protected persons statute. Also finds no abuse of discretion in its admission of A.E.’s statements to a sexual assault nurse or her therapist because they fell within the exception to the hearsay rule for statements made for the purpose of medical diagnosis or treatment.
Virginia Novak v. Porter County Board of Zoning Appeals and William Gremp, et al. (mem. dec.)
18A-MI-3134
Miscellaneous. Affirms the Porter Superior Court’s finding that Virginia Novak violated a Porter County Board of Zoning Appeals ordinance that requires property owners obtain a permit before engaging in land-disturbing activities affecting more than 10,000 square feet. Finds Novak is not exempt from the permit requirement of the ordinance and that the trial court did not abuse its discretion by issuing an injunction.
Levi Booker v. State of Indiana (mem. dec.)
19A-CR-276
Criminal. Affirms Levi Booker’s 20-year sentence for conviction of Class A felony child molesting. Finds the sentence was not inappropriate based on Booker’s character and the nature of his offense.
Kyla Kinslow v. State of Indiana (mem. dec.)
19A-CR-738
Criminal. Affirms Kyla Kinslow’s 17½-year sentence for conviction of Level 2 felony dealing in methamphetamine. Finds the sentence handed down in Washington Superior Court was not inappropriate in light of Kinslow’s character and the nature of her offense.
K.C. v. State of Indiana (mem. dec.)
19A-JV-341
Juvenile. Affirms K.C.’s adjudication as a delinquent in Marion Superior Court for committing what would be considered Level 4 felony burglary if committed by an adult. Finds there is sufficient evidence to prove his identity as the perpetrator of the crime.
In the Matter of the Termination of the Parent-Child Relationship of E.M., G.M., and Q.M., Minor Children, P.M., Mother v. The Indiana Department of Child Services (mem. dec.)
19A-JT-497
Juvenile termination. Affirms the involuntary termination of P.M.’s parental rights with respect to her children, E.M., G.M., and Q.M. Finds the Henry Circuit Court’s grant of the Department of Child Services’ request to cease efforts to reunify her with her children did not violate her right to due process under Article 1, Section 12 of the Indiana Constitution and the 14th Amendment of the United States Constitution.
D.M. v. State of Indiana (mem. dec.)
19A-JV-638
Juvenile. Affirms D.M.’s adjudication for committing a delinquent act of Level 6 felony theft if committed by an adult. Finds there is sufficient evidence to support the adjudication by the Vanderburgh Superior Court.
Merritt’s Truck and Auto Repair, Inc. v. Bullard Trucking Company, L.L.C. (mem. dec.)
18A-PL-2010
Civil plenary. Affirms the Howard Superior Court’s award of $200,000 as treble damages to Bullard Trucking Company, LLC against Merritt’s Truck and Auto Repair, Inc. Finds Merritt’s waived all of its issues raised on appeal.
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