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Thursday, October 09, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 8 NFP)

For publication opinions today (1):

In Stacey D. Cox v. State of Indiana , a 9-page opinion, Judge Najam writes:

Stacey D. Cox appeals her convictions for involuntary manslaughter, as a Class D felony, and operating a child care home without a license, a Class B misdemeanor. She presents two issues for our review, which we consolidate and restate as whether the State presented sufficient evidence that Cox operated a child care home under IC 12-17.2-5-28.6.[1] * * *

Therefore, Cox’s claim is not persuasive. As discussed, the State established that a total of nine children were found in Cox’s home on January 24, and, on the evidence presented, a jury could infer that all nine were not related to Cox. Moreover, in addition to the testimony regarding compensation for the care of C.T., L.T., Duke’s child, and Milem’s child, Cox’s website declared that she charged regular fees for her child care services. Again, “[t]he evidence is sufficient if an inference may reasonably be drawn from it to support the verdict,” Drane v. State, 867 N.E.2d 144, 147 (Ind. 2007), and a reasonable jury could infer from the evidence that Cox received regular compensation to care for at least six unrelated children in her home. We affirm her convictions.
[1]Cox’s conviction for involuntary manslaughter also turns on whether she operated a child care home.

NFP civil opinions today (4):

Richard R. Hogshire v. Ursula Hoover (NFP)

In the Matter of the Termination of the Parent-Child Relationship of: E.H. (Minor Child), and S.F. (Mother) v. The Indiana Department of Child Services (NFP)

In Re the Marriage of: John R. Garrett v. Penny L. Brown (NFP)

Dexter Marshall Jr. and US Auto Insurance Company, Inc. v. United Farm Family Mutual Insurance Company (NFP)

NFP criminal opinions today (4):

Antoine McDuffie v. State of Indiana (NFP)

John W. Hayes v. State of Indiana (NFP)

Daryl K. Henderson, Jr. v. State of Indiana (NFP)

James M. Ross IV v. State of Indiana (NFP)

Posted by Marcia Oddi on October 9, 2014 10:54 AM
Posted to Ind. App.Ct. Decisions