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State of Indiana v. Axel Domingo Diego
20A-CR-227
Criminal. Affirms on rehearing the grant of Axel Diego’s motion to suppress his statement to police. Grants the motion for rehearing in order to clarify that the State’s appeal is a discretionary interlocutory appeal brought pursuant to subsection 6 of Indiana Code Section 35-38-4-2. Remands to the Case Circuit Court for proceedings. Judge Nancy Vaidik concurs in result with separate opinion.
Kenneth Stephens v. Richard Tabscott
20A-PL-00562
Civil plenary. Affirms the Morgan Superior Court’s order requiring that Kenneth Stephens pay Richard Tabscott $16,000 for a property he took possession of after an exchange agreement with Tabscott. Finds that as Tabscott was not seeking to enforce a contract for the sale of land, but to collect the purchase money on account of such sale, the trial court properly permitted him to do so, notwithstanding the Statute of Frauds. Remands for the trial court to hold a hearing regarding the reasonable attorney’s fees incurred by Tabscott in the amount of $4,000.
IMO: The Termination of the Parent-Child Relationship of D.C. and A.C. (Minor Children) and De.C. (Father); and T.F., Jr. (Minor Child) and T.F., Sr. (Father) v. Indiana Department of Child Services (mem.dec)
20A-JT-1059
Juvenile termination. Affirms the termination of Father De.C.’s parental rights to his children D.C. and A.C., as well as Father T.F. Sr.’s parental rights to his child T.F. Jr. Regarding all children, the trial court’s findings support its conclusions that the conditions under which children were removed would not be remedied and that termination of the fathers’ parental rights was in children’s best interests.
Douglas Edward Akridge, Jr. v. State of Indiana (mem. dec.)
20A-CR-757
Criminal. Affirms Douglas Akridge, Jr.’s sentence for conviction of Level 6 felony failure to return to lawful detention. Finds he has failed to demonstrate that his one-year period of incarceration is an outlier in need of correction.
Maher Abuelreish v. Hind M. Abuelreish (mem. dec.)
19A-DC-2899
Domestic relations, children. Reverses the Hamilton Superior Court’s order that Maher Abuelreish must pay $15,000 of Hind M. Abuelreish’s attorney’s fees. Remands for the court to determine reasonable attorney fees. Affirms in all other respects.
Develle A. Banks v. State of Indiana (mem. dec.)
20A-CR-811
Criminal. Affirms Develle Banks’ aggregate 60-year sentence for conviction in Allen Superior Court of two counts of Level 1 felony child molesting, Level 4 felony child molesting by fondling and Level 6 felony dissemination of matter harmful to minors. Concludes that Banks’ Level 1 felony conviction was sustained by adequate, properly admitted evidence and that his consecutive sentences are not inappropriate given the nature of his offenses and his character.
In the Matter of the Termination of the Parent-Child Relationship of K.A. (Minor Child) and B.A. (Father); B.A. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-812
Juvenile termination of parental rights. Affirms B.A.’s involuntary termination of his parental rights to K.A. Finds, among other things, that the Morgan Circuit Court’s findings support its conclusion that the conditions that resulted in child’s removal would not be remedied.
Omar Dominguez v. State of Indiana (mem. dec.)
19A-CR-387
Criminal. Remands to allow the LaPorte Circuit Court to clarify its sentencing statement as to how it intended Omar Dominguez’s nine-year sentence to be apportioned between his three convictions of dealing in cocaine or narcotic drug as a Level 4 felony and two counts of dealing in cocaine or narcotic drug as Level 5 felonies. Finds that the sentencing is statement is unclear on how the sentence is applicable to the convictions.
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