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Thursday, September 29, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 9 NFP memorandum decision(s))

For publication opinions today (1):

In Jakob Robinson v. State of Indiana , a 7-page opinion, Judge Najam writes:

While a teacher and coach at McCutcheon High School in Tippecanoe County, Jakob Robinson engaged a student is numerous acts of sexual intercourse and deviant sexual conduct. After the student reported Robinson’s behavior to local authorities, the State ch arged Robinson with five counts of child seduction, each as a Level 5 felony. Robinson pleaded guilty to each of those counts and the trial court sentenced him to an aggregate term of eight years, with five years executed in the Department of Correction a nd three years suspended to probation. [2] On appeal, Robinson asserts that his sentence is inappropriate in light of the nature of his offenses and his character. We conclude that his sentence is not inappropriate. * * *

Robinson’ s reliance on his guilty plea, lack of criminal history, and, to a lesser degree, his community support better explain why he received the sentence he did instead of receiving a higher term. 1 Further , it was within the trial court’s discretion to consider the degree of harm endured by K.F. as well as Robinson’s inability to follow simple court instructions to stay away from his wife. Regardless, however , Robinson’s manipulation of K.F. and his abuse of his position of trust over her plainly reflect his poor character. The sentence the trial court imposed after taking all of those facts into account is not inappropriate. Thus, we affirm.

NFP civil decisions today (5):

Northwest Oral Surgeons, P.C. v. Joseph Lovasko, D.D.S. (mem. dec.) - "The trial court did not err in its construction of the look-back provision in the Severance Agreement. The trial court did not err when it reached a severance benef it amount other than that proffered by Northwest."

D.G. v. R.G. (mem. dec.)

Sandra Winslow v. Fred Winslow (mem. dec.)

In the Matter of L.S. (Minor Child), a Child in Need of Services, D.S. v. Ind. Dept. of Child Services (mem. dec.)

In re the Termination of the Parent-Child Relationship of H.H.:, A.S. (Mother) and J.H. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (4):

Ethan Gee v. State of Indiana (mem. dec.)

Scott L. Wilkins v. State of Indiana (mem. dec.)

Vakea Johnson v. State of Indiana (mem. dec.)

Ian Defenderfer v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on September 29, 2016 11:09 AM
Posted to Ind. App.Ct. Decisions