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Indiana Court of Appeals
In Re: The Matter of the Petition to Expunge Conviction Records of James D. Borel v. State of Indiana
41A01-1412-MI-533
Miscellaneous. Reverses denial of Borel’s motion to correct error as the denial was against logic, facts and circumstances presented. There is insufficient evidence that he still owed $37 in court costs stemming from a 1976 case.
Christopher A. Lothamer v. State of Indiana
92A05-1501-CR-26
Criminal. Affirms conviction of Class B felony dealing in methamphetamine by manufacturing. The totality of the evidence supports a reasonable inference that Lothamer knowingly and intentionally aided another man in the manufacture of methamphetamine in the trailer where Lothamer lived with his girlfriend.
Joan E. Gochenour and James E. Gochenour v. CSX Transportation, Inc. Gerald Konz, Cody Cooper, et al.
06A01-1407-CT-276
Civil tort. Affirms summary judgment in favor of the defendants on all claims relating to a complaint for damages for injuries Joan Gochenour sustained in a car versus train accident, except for whether CSXT failed to provide an unobstructed view at the crossing as required by law due to lack of vegetation control. The Gochenours’ inadequate warning device claims, in all iterations, are preempted by federal law. Remands for further proceedings.
Michael W. Troyan and MT Management, LLC v. The Commissioner of the Indiana Department of Revenue, et al.
49A02-1411-PL-794
Civil plenary. Remands with instructions to dismiss Troyan’s appeal because exclusive jurisdiction rests with the Tax Court. The trial court denied his request for injunctive relief against the Department of Revenue after it assessed withholding tax against his LLC.
Jason A. Henderson v. State of Indiana
34A02-1501-CR-33
Criminal. Affirms order Henderson serve consecutive terms of 365 days for his misdemeanor convictions. Remands for further proceedings because the trial court should have held an indigency hearing as required by I.C. 35-38-1-18 before imposing a $5,000 fine for the Class A misdemeanor convictions of invasion of privacy and criminal mischief.
Logan M. Dull v. State of Indiana
68A04-1502-CR-75
Criminal. Reverses trial court’s order of $145,633.40 in restitution stemming from Dull’s theft of grain because the trial court ordered restitution for amounts that related to dates outside of Dull’s indictment for which he did not plead guilty and for which he did not agree to pay. But, because he did agree to a specific amount of restitution that fell within the dates contained in the indictment, the matter is remanded to enter an order for that specific amount.
John Larkin v. State of Indiana
46A05-1411-CR-550
Criminal. Dismisses denial of Larkin’s motion to disqualify the LaPorte County Prosecutor’s Office with respect to his pending voluntary manslaughter charge. The case is moot because the county prosecutor at the time in question is no longer the prosecutor and the current elected prosecutor was not involved in listening to Larkin’s confidential conversation with his attorney.
Thomas L. Hale v. State of Indiana
35A02-1501-CR-57
Criminal. Affirms conviction of Class A felony dealing in methamphetamine. Hale’s contention as to the propriety of the trial court’s denial of his motion for payment of deposition costs of two witnesses is waived for appellate review. Judge Mathias dissents.
Denny Brock v. State of Indiana (mem. dec.)
36A01-1501-CR-32
Criminal. Affirms revocation of probation.
Matthew Longest, Deceased, by Robert Longest, et al. v. Lisa M. Sledge, a minor and Roger Brown and Donna Sledge, a/k/a Donna Seldge Brown (mem. dec.)
47A01-1501-CT-35
Civil tort. Reverses judgment in favor of Sledge and the Browns on the Longests’ lawsuit, which included a wrongful death claim.
David Moss v. Indianapolis Dept. of Natural Resources (mem. dec.)
49A02-1501-PL-7
Civil plenary. Grants rehearing and affirms decision that issues raised by DNR in petition for judicial review were preserved. Judge Riley votes to deny petition for rehearing.
Danean Childress v. State of Indiana (mem. dec.)
49A04-1501-CR-35
Criminal. Affirms conviction of Class A misdemeanor prostitution.
James H. Gosnell v. State of Indiana (mem. dec.)
71A03-1502-CR-47
Criminal. Affirms convictions of Class D felonies operating a motor vehicle while privileges are suspended as a habitual offender of traffic laws and operating a vehicle with a blood-alcohol concentration of at least 0.08 with a prior OWI conviction within the preceding five years.
In Re the Termination of the Parent-Child Relationship of: H.B. (Minor Child) and T.S. (Alleged Father) v. Ind. Dept. of Child Services (mem. dec.)
49A02-1501-JT-44
Juvenile. Affirms termination of parental rights.
Wenston Watson v. State of Indiana (mem. dec.)
03A01-1501-CR-15
Criminal. Affirms sentence following guilty plea after being charged with four felonies and a misdemeanor while on probation for two prior offenses.
Gerald Binfet v. State of Indiana (mem. dec.)
20A03-1412-CR-442
Criminal. Affirms restitution order.
Wilbert T. Sturgis v. State of Indiana (mem. dec.)
46A03-0506-CR-304
Criminal. Affirms conviction and sentence for murder.
Patrick C. Garvey v. State of Indiana (mem. dec.)
15A04-1503-CR-93
Criminal. Affirms conviction of Class B felony burglary.
Indiana Tax Court
Indiana Department of State Revenue, Inheritance Tax Division v. James F. Keenan and Wells Fargo Bank, N.A., as Co-Personal Representatives of the Estate of Judd Leighton
71T10-1211-TA-74
Tax. Reverses summary judgment in favor of the estate and remands to the probate court with instructions to order the Department of State Revenue to issue a refund of $57,199, plus all applicable statutory interest, to Judd Leighton’s estate.
Marion County Assessor v. Gateway Arthur, Inc.
49T10-1212-TA-81
Tax. Finds the Indiana Board of Tax Review did not err in reducing Gateway Arthur Inc.’s real property assessments for the 2007-2010 tax years.
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