Opinions Feb. 18, 2016

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The following opinions were posted after IL deadline Wednesday:
7th Circuit Court of Appeals
Alma Glisson, as personal representative of the estate of Nicholas L. Glisson v. Indiana Department of Corrections, et al.
15-1419
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms summary judgment for Correctional Medial Services in death of Nicholas Glisson.

United States of America v. William Bell and Lenard Dixon
Nos. 14-3462 and 14-3470
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane E. Magnus-Stinson.
Criminal. Affirms William Bell’s conviction of first degree murder and Lenard Dixon’s conviction of an accessory after the fact to the murder of a fellow inmate at the federal penitentiary.

Thursday's opinions

Indiana Court of Appeals
David W. Gerth v. State of Indiana
29A02-1506-CR-693
Criminal. Reverses David Gerth’s convictions for Class C felony dealing in marijuana and Class D felony maintaining a common nuisance.

Demetrius Holloway v. State of Indiana
71A04-1508-CR-1292
Criminal. Affirms evidence in case of Demetrius Holloway, who pleaded guilty to Class A misdemeanor OWI and was convicted of Level 6 felony intimidation, was sufficient to support his intimidation conviction.

James Stewart v. State of Indiana (mem. dec.)
71A05-1507-CR-915
Criminal. Affirms conviction in attempted murder case as a Class A felony.

Gierly Perrigo Ingco v. William D. Anderson, Jr. (mem. dec.)
29A05-1507-JP-833
Juvenile paternity. Affirms trial court’s modification of parenting time.

Angela K. Scanlon v. Stephen L. Scanlon (mem. dec.)
49A02-1507-DR-731
Domestic relation. Affirms trial court’s denial of Angela Scanlon’s motion to correct errors, as it found no abuse of discretion.

Max McClain, II v. Brittney Kinsey (mem. dec.)
38A05-1506-JP-728
Juvenile paternity. Affirms challenged findings in the case were not erroneous, but remands to trial court to amend father’s child support obligation worksheet to reflect father’s correct overnights, which he stated were wrong in the appeal.   

Demarkco Ray Arthur v. State of Indiana (mem. dec.)
48A02-1508-CR-1088
Criminal. Affirms Demarkco Arthur’s Class D felony conviction for operating a vehicle while intoxicated, but vacates his Class A misdemeanor  conviction for operating a vehicle while intoxicated because it violates the double jeopardy prohibition.

Myron Stephen Davisson v. State of Indiana (mem. dec.)
81A05-1505-CR-359
Criminal. Affirms Myron Stephen Davisson’s convictions of child molesting, a Class C felony; sexual misconduct with a minor, a Class D felony; child molesting, a Class A felony; rape, a Class B felony; sexual misconduct with a minor, Class B felony; and sexual misconduct with a minor, Class C felony.

Jesse Clements v. The Honorable Robert R. Altice (mem. dec.)
49A02-1507-MI-886
Miscellaneous. Remands decision which granted summary judgment in favor of Judge Robert Altice concerning Clements’ claim that Altice violated Indiana’s Access to Public Records Act. Trial court erred when it entered a judgement without holding a hearing as required by Trial Rule 56.

Tammy J. Russell f/k/a Tammy J. Betancourt v. John A. Betancourt (mem. dec.)
45A03-1507-DR-1011
Domestic relation. Affirms denial of Tammy J. Russell’s claim that her ex-husband John Betancourt was in arrears in his child support and in contempt of parenting time orders.

Delmas Sexton, II v. Keith A. Barand, Brian T. Taylor, and Ryan A. Masoner (mem. dec.)
38A04-1504-CT-145
Civil tort. Affirms denial of Delmas Sexton II’s appeal of the trial court’s order denying his change of judge, as well his motion for relief from judgment and numerous other motions.

Larry Randolph v. State of Indiana (mem. dec.)
45A03-1504-CR-141
Criminal. Affirms Larry Randolph’s convictions of two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct with a minor, and one count each of Class C felony sexual misconduct with a minor and Class C felony child molesting. Affirms 68-year sentence.

Lewis R. Ross, III v. State of Indiana (mem. dec.)
84A01-1508-CR-1261
Criminal. Affirms Lewis Ross’ home detention and probation revocation after finding the trial court did not abuse its discretion.

James Wade v. State of Indiana (mem. dec.)
49A05-1505-CR-424
Criminal. Affirms James Wade’s conviction of murder and subsequent 62-year sentence. Wade said his conviction was not supported by sufficient evidence.
 
Akheem J. Purnell v. State of Indiana (mem. dec.)
20A03-1507-CR-1008
Criminal. Affirms Akheem J. Purnell’s convictions of Level 2 felony burglary while armed with a deadly weapon and Level 3 felony robbery while armed with a deadly weapon and subsequent 35-year sentence.

Serenity Salon and Day Spa, Inc. v. Amanda Pennington (mem. dec.)
64A04-1509-SC-1507
Small claim. Affirms decision that Amanda Pennington should have to pay $500 in attorney fees.
 

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