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Veronica C. Reyes v. State of Indiana
21A-CR-2646
Criminal. Affirms Veronica Reyes’ convictions for resisting law enforcement, a Class A misdemeanor, and reckless driving, a Class C misdemeanor. Finds the Marion Superior Court did not abuse its discretion by instructing the jury before the closing arguments were made by the attorneys. Holds Indiana Jury Rule 26(a) gives trial courts the option of giving final instructions before or after closing arguments.
Dennis M. Toops v. State of Indiana (mem. dec)
21A-CR-1348
Criminal. Affirms Dennis Toops’ conviction for Level 3 felony attempted rape and his sentence on that conviction. Reverses his conviction for Level 4 felony criminal confinement and remands with instructions for the Cass Circuit Court to reduce that conviction to Level 5 felony criminal confinement and resentence Toops on that conviction. Rules Toops’ revised sentence on the Level 5 felony conviction should run concurrently with his sentence for the Level 3 felony attempted rape conviction. Instructs trial court to vacate Toops’ conviction for Level 6 felony domestic battery.
Carl Lamont Breeding v. State of Indiana (mem. dec.)
21A-CR-1945
Criminal. Affirms Carl Breeding’s 910-day sentence for his convictions of Level 6 felony battery against a public safety official, Class A misdemeanor resisting law enforcement and Class C misdemeanor possession of paraphernalia.
Romello McGee v. State of Indiana (mem. dec.)
21A-CR-02023
Criminal. Affirms Romello McGee’s conviction for Level 2 felony voluntary manslaughter. Finds it was well within the province of the jury seated in Marion Superior Court to determine that McGee’s actions as the victim, James Lewis, walked out of the home were impulsive and unreasonable and resulted from terror and a sudden impetus to kill.
Kevin D. Leath v. State of Indiana (mem. dec.)
12A-CR-02091
Criminal. Affirms Kevin Leath’s conviction of Level 5 felony possession of cocaine. Finds the state provided sufficient evidence at Leath’s jury trial in Clinton Circuit Court.
In re the Termination of Parent-Child Relationship of M.S. (Minor Child) and T.S. (Mother), T.S. Mother v. Indiana Department of Child Services (mem. dec.)
21A-JT-2144
Juvenile. Affirms the termination of the parental rights of T.S., the mother, to her daughter, M.S. Finds the Jefferson Circuit Court did not err when it concluded termination is in the child’s best interests.
Eberaia D. Fields v. State of Indiana (mem. dec.)
21A-CR-2469
Criminal. Reverses the portions of the sentencing orders directing that Eberaia Fields’s habitual vehicular substance offender enhancement run as separate consecutive sentences to his underlying felony convictions of operating a vehicle while intoxicated as a Level 6 felony, resisting law enforcement as a Class A misdemeanor, operating a vehicle while intoxicated with a prior conviction within seven years as a Level 6 felony and resisting law enforcement as a Level 6 felony. Finds since two of Fields’s cases were combined, the Cass Superior Court sentencing order mistakenly treats his HVSO enhancements as separate sentences. Remands with instructions for the trial court to correct the order consistent with this opinion.
Steven M. Rosenbaum v. Indiana Property Real Estate LLC (mem. dec.)
21A-PL-2543
Civil Plenary. Affirms Hamilton Superior Court’s denial of motions filed by Steven Rosenbaum to vacate eviction order and correct error. Rules Rosenbaum claim that his constitutional right to a trial by jury was violated has been waived because he failed to provide a trial transcript.
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