Opinions Dec. 11, 2012

December 11, 2012

Indiana Court of Appeals
Paul Henry Gingerich v. State of Indiana
Criminal. Reverses conviction of Class A felony conspiracy to commit murder and remands for further proceedings. The juvenile court abused its discretion when it denied Gingerich’s request for a continuance.

James O. Young v. State of Indiana
Criminal.  Reverses Young’s conviction of Class D felony strangulation subject to possible retrial. The admission of Young’s girlfriend’s statements to the firefighters did not violate Young’s confrontation rights under the 6th Amendment, but her statements to a police officer were not admissible as excited utterances. Reverses conviction of Class D felony domestic battery as the evidence does not support that children were present when the domestic battery occurred. Remands with instructions that judgment be entered as a Class A misdemeanor.

Johnny Mosby v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

Douglas A. Schwan v. Linda D. Schwan (NFP)
Domestic relation. Affirms division of marital property.

Phyllis Allen v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery.

Richard A. Walls v. Janet Walls (NFP)
Domestic relation. Affirms determination that the real property was commingled with the marital estate and the decision to award Janet Walls a one-half interest in the real property.

Chad E. Aslinger v. State of Indiana (NFP)
Domestic relation. Reverses finding of contempt of court for failure to pay child support.

Garland Aschenbrenner, Winifred Aschenbrenner, and South Bend Carpetland USA, Inc., d/b/a Abbey Carpets and Floors v. Melvin H. Sandock Inter Vivos Revocable Trust, et al. (NFP)
Civil plenary. Vacates judgment in favor of the revocable trusts and the Sandocks that awarded damages of $180,183.11 plus attorney fees. Remands with instructions.

Steven T. Lakes v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felonies operating a vehicle while intoxicated with a passenger less than 18 years of age and operating a vehicle as a habitual traffic violator, and being a habitual substance offender.

Bradley S. Sater v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony dealing in methamphetamine and remands with instructions to vacate the conviction of Class C felony possession of methamphetamine.