neglect

Indiana Supreme Court had posted no opinion at IL deadline

Indiana Court of Appeals
Dante A. Webb v. State of Indiana (NFP)
45A04-1007-PC-459
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph J. Pajot v. Maryann A. Pajot (NFP)
71A03-1006-DR-394
Domestic relation. Affirms equal division of an account comprised of Joseph Pajot’s inheritance from his parents. Reverses order Joseph reimburse Maryann Pajot $2,920 for medical expenses. Remands for correction of that amount.

Patricia A. Tackett v. State of Indiana (NFP)
18A02-1008-CR-1053
Criminal. Reverses convictions of Class B felony rape, Class B felony sexual misconduct with a minor, and Class D felony child solicitation.

Eugene Bowers v. State of Indiana (NFP)
49A04-1003-PC-274
Post conviction. Affirms denial of petition for post-conviction relief.

State of Indiana v. Danny LeFlore (NFP)
49A05-1010-CR-698
Criminal. On rehearing, affirms original opinion in all respects except the remand for the trial court to hold a hearing because the charges against LeFlore have been dismissed.

Jennifer Lukens v. Chad A. Baxter (NFP)
25A03-1009-DR-449
Domestic relation. Affirms denial of Lukens’ petition for citation of indirect contempt of court.

Josh Coffey v. State of Indiana (NFP)
55A01-1005-CR-275
Criminal. Affirms denial of motion to correct erroneous sentence.

Robyn N. Hogan v. State of Indiana (NFP)
45A03-1006-CR-309
Criminal. Affirms sentence following guilty plea to three counts of Class B felony dealing in cocaine.

Latonya Plummer v. State of Indiana (NFP)
49A02-1010-CR-1077
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Town of Clarksville v. Shirley Makowsky and Indiana Fraternal Order of Police Labor Council, Inc. (NFP)
10A04-1008-PL-531
Civil plenary. Affirms declaratory judgment in favor of Makowsky and the Indiana Fraternal Order of Police Labor Council.

Cindy Lee Bell v. State of Indiana (NFP)
71A05-1010-CR-692
Criminal. Affirms conviction of Class D felony possession of cocaine.

Stephen M. Park and Shirley Park v. William F. Eckhart (NFP)
49A04-1011-CT-734
Civil tort. Reverses summary judgment in favor of Eckhart on the Parks’ complaint alleging negligence. Remands for further proceedings.

Indiana Court of Appeals
The William C. Haak Trust v. William J. Wilusz and Judith A. Wilusz, Benjamin Luna
64A04-1008-PL-567
Civil plenary. Affirms judgment in favor of Luna on the trust’s quiet title action seeking an easement of necessity and reverses the judgment in favor of the Wiluszes. The trust has a right to an easement of necessity across the Wiluszes’ parcel, but not over Luna’s land. Remands with instructions to enter judgment in favor of the trust and take evidence sufficient to allow it to locate the easement of necessity across the Wiluszes’ land.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Melody D. Linenburg v. Mark A. Linenburg
82A01-1011-DR-625
Domestic relation. Affirms provisional order awarding father primary physical custody of the children and possession of the marital residence during the pendency of the dissolution proceeding. The mother failed to establish an abuse of discretion and the court declines to reweigh the evidence.

Raymond Shook v. State of Indiana (NFP)
49A05-1007-PC-461
Post conviction. Affirms denial of motion to remove Shook’s status as a sexually violent predator.

Julio Azpeitia v. State of Indiana (NFP)
09A05-1012-CR-796
Criminal. Affirms convictions of and sentence for Class A misdemeanor driving while suspended and Class B misdemeanor public intoxication.

Michael Yang v. State of Indiana (NFP)
49A04-1006-CR-351
Criminal. Affirms convictions of and sentence for felony murder and Class A misdemeanor invasion of privacy.

Steven Foernzler v. State of Indiana (NFP)
49A02-1007-CR-827
Criminal. Affirms convictions of Class A felony attempted murder and Class D felony residential entry.

Reginald N. Person, Jr., et al. v. Carol A. Shipley (NFP)
20A03-1008-CT-463
Civil tort. Reverses jury verdict in favor of Shipley and remands for further proceedings.

Michael Hale v. State of Indiana (NFP)
43A05-1010-PC-697
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

Indiana Court of Appeals
Erodney Davis v. State of Indiana
45A05-1008-CR-502
Criminal. Affirms conviction of Class C felony possession of cocaine. The trial court did err by permitting a police detective to testify as a skilled witness, but it was a harmless error. The trial court did not err by excluding evidence of a witness’s prior drug-related convictions or by giving an additional instruction to the jury that it had inadvertently omitted from the final jury instructions.

Jameson Malbrough v. State of Indiana (NFP)
49A02-1009-CR-958
Criminal. Affirms convictions of two counts of Class B felony child molesting, and one count each of Class C felony child molesting, Class D felony vicarious sexual gratification, and Class D felony intimidation.

James Spann v. State of Indiana (NFP)
49A05-1009-CR-588
Criminal. Affirms conviction of Class A misdemeanor obstructing traffic.

Rodney Griffin v. State of Indiana (NFP)
49A02-1010-CR-1108
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.

Term. of Parent-Child Rel. of R.A., et al.; A.L. v. I.D.C.S. (NFP)
45A03-1005-JT-271
Juvenile. Affirms involuntary termination of parental rights.

Lloyd Conn v. State of Indiana
24A01-1009-CR-508
Criminal. Affirms conviction of Class A felony conspiracy to commit murder. The evidence is sufficient to sustain his conviction.

Robert A. Jordan v. State of Indiana (NFP)
79A02-1006-PC-674
Post conviction. Affirms denial of request for additional educational credit time.

Thomas Huffine v. State of Indiana (NFP)
49A02-1010-CR-1098
Criminal. Affirms sentence following revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
A.Y. v. Review Board
93A02-1007-EX-853
Civil. Reverses dismissal of A.Y.’s appeal challenging the determination she was ineligible for unemployment benefits. If A.Y. indeed called the administrative law judge’s office during the time allotted for her telephonic hearing, then she has shown good cause for reinstatement of her appeal. Remands to the review board for a finding as to whether A.Y. called the office during the time allotted for her hearing, and if so, then the review board shall reinstate her appeal.

Walter Lee Liddell v. State of Indiana
45A03-1006-CR-339
Criminal. Affirms convictions of rape, criminal confinement, battery, criminal deviate conduct, intimidation, sexual battery, and theft. Finds an insufficient showing of misconduct by the state to mandate exclusion of a witness, Liddell was able to depose the witness and cross-examine him, and Liddell doesn’t identify any specific, responsive measures that he was prevented from taking and that he would have pursued had the court granted a more substantial continuance.

Involuntary Commitment of J.K. (NFP)
18A02-1010-MH-1090
Mental health. Affirms decision to change temporary involuntary commitment for mental health reasons to a regular commitment.

Terrell Bryant Nelson v. State of Indiana (NFP)
45A05-1008-CR-472
Criminal. Affirms conviction of and sentence for Class B felony robbery.

Corey J. Kirts v. State of Indiana (NFP)
79A02-1009-CR-1092
Criminal. Affirms sentence following guilty plea to two counts of Class A misdemeanor invasion of privacy.

Andrew Cory v. State of Indiana (NFP)
49A04-1008-CR-566
Criminal. Affirms denial of petition for post-conviction relief.

Rikki L. Vestal v. State of Indiana (NFP)
84A01-1010-CR-526
Criminal. Affirms revocation of probation and order Vestal serve the entirety of her suspended sentence in the Indiana Department of Correction.

Jeffrey S. White v. State of Indiana (NFP)
41A01-1010-CR-581
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Davy Lee Phipps v. State of Indiana (NFP)
48A02-1008-CR-970
Criminal. Affirms revocation of probation.

J.J., et al., Alleged to be CHINS; J.W. & T.J. v. IDCS (NFP)
67A01-1011-JC-610
Juvenile. Affirms finding that children are children in need of services.

Indiana Tax Court had posted no opinions at IL deadline.