Indiana Court of Appeals Opinions (Published Opinions Only)

Rachel Mosco v. Indiana Department of Child Services
43A03-0907-CV-312

Civil. Affirms trial court dismissal of Mosco’s petition for judicial review. Mosco didn’t substantially comply with the Administrative Orders and Procedures Act and the trial court had the discretion to dismiss her case.

Lawrence E. Nunley v. State of Indiana
31A01-0902-CR-88

Criminal. Reverses two convictions of child molesting because the videotape of the interview made a year after the molestation and the witness testimony that repeated the contents of the interview shouldn’t have been admitted. Affirms convictions of two other counts of child molesting and felony dissemination of matter harmful to minors.

Frederick D. Fox v. State of Indiana
24A01-0905-CR-232

Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance. There was no abuse of discretion in the denial of Fox’s request for alternative misdemeanor sentencing, despite his remorse and the harmful impact of a felony conviction on his family and employees.

Jerell Owens v. State of Indiana
48A02-0904-CR-375

Criminal. Affirms aggregate sentence of 73 years for murder and Class C felony robbery handed down on remand. The trial court didn’t deny Owens his right to due process when it increased the sentence of his murder conviction and did not exceed the aggregate sentence originally imposed.

Kenya Lee v. State of Indiana
49A04-0901-CR-46

Criminal. Affirms convictions of invasion of privacy as Class A misdemeanors. The trial court did not err in admitting hearsay evidence regarding the identity of the woman Lee was prohibited from contacting.

Thomas L. Vandenburgh v. Candace A. Vandenburgh
64A05-0811-CV-673

Civil. Affirms finding Thomas in contempt for modifying his child support payments in spite of a court ordered amount and award of attorneys fees to Candace. Remands so the trial court may provide more specific findings or signed and verified worksheets and resolve the apparent inconsistency in crediting Candace for a sum of money deposited into their son’s account while at the same time finding her payment as a gift.

Jerold Jackson and Virginia Jackson v. The Board of Commissioners of the County of Monroe, Vova Johnson, et al.
53A05-0901-CV-20

Civil. Reverses trial court determination that a road running through the Jacksons’ property is a public road. There was no evidence the public used the road for 20 years.