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Tuesday, July 12, 2016

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 6 NFP memorandum decision(s))

For publication opinions today (2):

In In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney and Patrick Kinney v. Paul Kevin Kinney, a 12-page opinion, Chief Judge Vaidik writes:

After six siblings disagreed about how to take care of their elderly mother with dementia, one faction of siblings filed a petition to appoint guardians for their mother while the other faction maintained that a power of attorney in effect was sufficient to care for their mother. The trial court found that the mother is incapacitated and appointed all six siblings as co-guardians over different areas of their mother’s life. The losing siblings now appeal, arguing that their mother is not incapacitated and that guardians are not necessary.

The record supports the trial court’s finding that the mother is incapacitated because there is evidence that she requires assistance to manage her property and provide self-care due to dementia and that she is unable to do either one without substantial around-the-clock help. However, because the mother’s attorneys in fact are different than her guardians, according to Indiana Code section 30-5-3-4(b) the attorneys in fact are in control, and the guardians do not have any power with respect to their mother’s property and health care. But because it does not appear that the trial court considered the effect of the power of attorney when it determined that guardians were necessary, we reverse and remand this case for the trial court to determine whether guardians are necessary in light of the power of attorney and, if so, to give due consideration to the matters listed in Indiana Code section 29-3-5-5, including the mother’s wishes and her existing attorneys in fact. We therefore affirm in part and reverse and remand in part.

In Adrian Anthony v. State of Indiana, a 26-page opinion, Judge Brown writes:
Adrian Anthony appeals his convictions for two counts of rape, three counts of criminal deviate conduct, attempted criminal deviate conduct, robbery, and burglary as class A felonies, robbery and three counts of carjacking as class B felonies, and robbery as a class C felony, all stemming from his involvement in a home invasion and assault. He appeals his aggregate sentence, and raises three issues which we revise and restate as:
I. Whether the evidence is sufficient to support four of his convictions under a theory of accomplice liability;
II. Whether his two convictions for rape violate double jeopardy principles; and
III. Whether his sentence is inappropriate in light of the nature of the offense and the character of the offender. * * *

For the foregoing reasons, we affirm the judgment of the trial court in part, reverse in part, and remand with instructions to reduce Anthony’s conviction for robbery as a class A felony on Count XVIII to a class B felony and reduce his aggregate sentence to 268 years of incarceration.

NFP civil decisions today (3):

In re the Adoption of K.C.: C.C. v. S.H. and L.H. (mem. dec.)

Edward Hearn v. Anna Hearn (mem. dec.)

Gateway West Townhouse Association v. George Palmer (mem. dec.)

NFP criminal decisions today (3):

Kenneth Williams v. State of Indiana (mem. dec.)

Roy Chaoran Sun v. State of Indiana (mem. dec.)

Regina N. Miller v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on July 12, 2016 11:05 AM
Posted to Ind. App.Ct. Decisions