Opinions Nov. 1, 2021

Indiana Court of Appeals
Terrance Trabain Miller v. State of Indiana
Criminal. Reverses Terrance Trabain Miller’s convictions of one count of Level 2 felony dealing in methamphetamine, one count of Level 2 felony dealing in heroin, a narcotic drug, and one count of Class A misdemeanor resisting law enforcement. Finds the Cass Circuit Court committed fundamental error when it gave a preliminary instruction on a charge of unlawful possession of a firearm by a serious violent felony, a count that was dismissed after the jury returned a guilty verdict. Remands.

Dennis R. Nail v. Oliver N. Smith
Civil tort. Affirms the order finding Dennis R. Nail in violation of a discovery order and imposing sanctions for that violation. Finds the Morgan Superior Court acted within its discretion when it found that Nail violated the discovery rules and imposed sanctions for that violation in the form of attorney fees to Oliver N. Smith’s counsel.

Timothy R. Hale v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy Hale’s convictions of multiple counts of child molesting and one count of child solicitation, and his sentence to an aggregate of 33 years. Finds the incredible dubiosity rule does not apply to M.B.’s testimony. Also finds the evidence was sufficient to support Hale’s convictions. Finally, finds Hale’s sentence is not inappropriate.

Roof Masters Plus v. Martin Webb (mem. dec.)
Small claims. Reverses the award of $750 in damages to Roof Masters Plus for Martin Webb’s breach of the parties’ contract. Finds there is no evidence to support that damages amount. Remands with instructions to revise the judgment in favor of Roof Masters to reflect an amount of $2,048.25, plus costs.

Levi Conrad Hale v. State of Indiana (mem. dec.)
Criminal. Affirms Levi Hale’s conviction of Level 1 felony child molesting and his sentence to 40 years in the Indiana Department of Correction, with four years suspended to probation. Finds there was sufficient evidence to support the conviction. Also finds the Tippecanoe Superior Court did not abuse its discretion in determining aggravating circumstances. Finally, finds Hale’s sentence was not inappropriate.

Shawn Patrick Moore v. State of Indiana (mem. dec.)
Criminal. Affirms Shawn Patrick Moore’s sentence to 912 days executed in the Indiana Department of Correction for his conviction of Level 6 felony possession of methamphetamine. Finds Moore has not shown that his sentence is inappropriate in light of the nature of the offense and his character.

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