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Opinions July 13, 2018

July 13, 2018

Indiana Court of Appeals
Michael A. Miller v. State of Indiana
28A01-1712-CR-2918
Criminal. Affirms Michael Miller’s second conviction of attempted murder. Finds the evidence was sufficient to support an inference that Miller acted with the specific intent to kill required to convict him of attempted murder. Also finds the Greene Circuit Court did not abuse its discretion by denying Miller’s motion for a change of judge on remand.

In the Matter of the Unsupervised Estate of Orlando C. Lewis, Jr., Orlando Lewis, Sr. v. Shana Toliver and Kathy Calloway
41A01-1712-EU-2893
Estate, unsupervised. Affirms the Johnson Superior court order rescinding Orlando Lewis, Sr.’s appointment as the special administrator for the estate of his son, Orlando Lewis, Jr. Finds the trial court did not abuse its discretion by reconsidering its appointment of Lewis, Sr. when important new facts came to its attention.

In Re: The Matter of the Involuntary Termination of the Parent-Child Relationship of D.W.; J.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A02-1712-JT-2933
Juvenile termination of parental rights. Affirms the termination of J.W.’s parental rights to her daughter, D.W. Finds there is sufficient evidence to support the Marion Superior Court’s decision to terminate the parent-child relationship.

Michael J. Davis v. State of Indiana (mem. dec.)
45A05-1712-CR-2920
Criminal. Affirms Michael J. Davis’ conviction of criminal deviate conduct and his 30-year sentence. Finds the 180-day time limit set forth in the Interstate Agreement on Detainers within which the state has to bring an inmate to trial after a request for disposition was not applicable here because Davis had already been tried. Also finds Davis’ argument that his constitutional right to a speedy trial was violated is waived, and waiver notwithstanding, Davis has not demonstrated prejudiced caused by any delay in his sentencing. Finally, finds Davis’ sentence is not inappropriate.  

Brian R. Sosbe v. State of Indiana (mem. dec.)
18A-CR-16
Criminal. Affirms Brian R. Sosbe’s aggregate six-year sentence for his convictions of Level 5 felony operating a motor vehicle after forfeiture of license for life and Level 6 felony receiving stolen auto parts. Finds the Bartholomew Circuit Court did not abuse its discretion in sentencing Sosbe.

Wayde Coleman v. Marion County Treasurer and Marion County Auditor (mem. dec.)
49A05-1711-CT-2733
Civil tort. Affirms the grant of summary judgment to the Marion County treasurer and the Marion County auditor on Wayde Coleman’s complaint for damages, and the denial of Coleman’s summary judgment motion. Finds Coleman has waived appellate review of his argument relating to the Marion Circuit Court’s summary judgment order because of his lack of an argument showing how the trial court erred by granting the county’s summary judgment motion.

Douglas Crawford v. State of Indiana (mem. dec.)
32A05-1710-PC-2486
Post-conviction. Affirms the denial of Douglas Crawford’s petition for post-conviction relief. Finds Crawford has not established that he was subjected to deficient performance of counsel.

Richard Dodd v. State of Indiana (mem. dec.)
71A03-1702-PC-452
Post-conviction. Affirms the denial of Richard Dodd’s second successive petition for post-conviction relief. Finds Dodd has failed to meet his burden of showing the post-conviction court erred by denying relief on his allegation of ineffective assistance of resentencing appellate counsel.

 

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