Indiana Court of Appeals
James M. Brinkley and Stephanie L. Brinkley v. Michael Haluska, P.E., d/b/a Retro Tech, et al.
Miscellaneous. Affirms trial court’s summary judgment that Donald Gindelberger is a good faith purchaser for value of a 1965 Chevrolet Corvette because the Brinkleys were in the best position to prevent the allegedly fraudulent sale and did not do so. Also, it concluded the BMV is immune from liability.
Joel Zivot v. Pamela London
Domestic relation. Reverses order and judgment on verified petition for contempt, holding that the documents before the court on which the judgment was based contained no evidence that such agreements had been approved by a court or incorporated into a court order.
Duke Energy Indiana, Inc. v. Office of the Utility Consumer Counselor, Indiana Utility Regulatory Commission
Executive administration/utility. Affirms IURC denial of Duke’s request for deferred accounting of more than $11 million in storm-related expenses in a rehearing, holding that there were changes in the evidence from the first hearing that justified the IURC’s decision, and that the IURC was not required to explain why it reached a different conclusion.
Ricky Jester v. State of Indiana (NFP)
Criminal. Affirms trial court’s denial of Jester’s motion for correction of erroneous sentence.
Johnny C. Horton v. State of Indiana (NFP)
Post Conviction Relief Petition. Affirms the denial of Horton’s petition for post-conviction relief.
State of Indiana v. Elvis Holtsclaw (NFP)
Criminal. Finds no abuse of discretion and affirms trial court’s suppression of breath test evidence
Michael Watson v. State of Indiana (NFP)
Criminal. Affirms 90-year sentence. Concludes that trial court did not abuse its discretion in instructing the jury that it could not disregard the law for any reason during the guilt phase of Watson’s trial and that Watson failed to show his sentence is inappropriate.
In Re the Term. of the Parent-Child Rel. of K.K.; R.I. v. The Indiana Dept. of Child Services (NFP)
Juvenile Termination of Parental Rights. Affirms order involuntarily terminating father’s parental rights.
Steven McIntyre v. State of Indiana (NFP)
Post Conviction Relief Petition. Affirms the post-conviction court’s judgment in granting the state’s motion to correct error and denies McIntyre’s request for relief.
Alexander A. Lopez v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor dealing in marijuana.
State of Indiana v. Blake Lodde (NFP)
Criminal. Reverses the granting of the motion to suppress evidence gathered when Lodde was pulled over and remands for further proceedings.
William Holly v. State of Indiana (NFP)
Miscellaneous. Affirms trial court’s grant of summary judgment in favor of the state of Indiana.
Jesus Torres v. State of Indiana (NFP)
Criminal. Affirms the trial court’s judgment to send an audiotape back to the jury during deliberations. The tape recorded Torres’ conversations with his granddaughter about him molesting her.
Randell Vandeventer v. State of Indiana (NFP)
Criminal. Affirms Vandeventer’s conviction of three counts of Class C felony child molesting and aggregated sentence of 21 years.
Guy Cummings v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft, finding evidence was sufficient.
Mark Sexton v. State of Indiana (NFP)
Criminal. Affirms Sexton’s habitual-offender enhancement after his felony convictions. Finds the trial court did not abuse its discretion in finding good cause to allow the state to file the habitual-offender information more than 10 days after the omnibus date.
Rebecca J. Bartle v. Jackson Street Investors, LLC as Assignee of Paul E. Turner (NFP)
Civil Collection. Reverses trial court’s granting Jackson Street’s motion for summary judgment and remands for further proceedings.
Benito S. Gamba, Hilda P. Gamba and Gamba Real Estate Holdings, LLC v. The Ross Group, Inc., Ticor Title Ins. Co. v. The Ross Group, Inc., Benito Gamba, Hilda Gamba and Gamba Real Est. Holdings (NFP)
Civil Plenary. Affirms in part, reverses in part and remands. Concludes trial court did not err in holding Gamba responsible for the construction cost overage but reverses on the issues of Ticor’s right to indemnification and the amount of a subcontractor lien.
Kieth McCoy v. State of Indiana (NFP)
Criminal. Dismisses McCoy’s appeal for lack of jurisdiction. Finds the denial of the motion to lift the no-contact order was not a final appealable order and McCoy has not properly preserved this issue for appeal.
Quintez Deloney v. State of Indiana (NFP)
Criminal. Affirms Deloney’s consecutive, executed sentences of eight years for Class C felony robbery and 30 years for Class A burglary.
Manuel J. Silva v. State of Indiana (NFP)
Criminal. Affirms conviction of murder, finding the evidence was sufficient to rebut Silva’s self-defense claim.
In Re The Adoption of C.H.; M.W. v. B.H. and V.H. (NFP)
Adoption. Affirms trial court’s post-hearing order concluding that M.W.’s consent to the adoption of her child, C.H., is not required under I.C. 31-19-9-8.
Robert R. Ashcraft v. State of Indiana (NFP)
Criminal. Affirms Ashcraft’s convictions and 21-year sentence for two counts of Class B felony sexual misconduct with a minor, Class C felony sexual misconduct with a minor, and Class D felony child seduction.
Paul Marcum v. State of Indiana (NFP)
Criminal. Affirms Marcum’s 27-month sentence for his conviction of Class D felony Operation a Motor Vehicle After Suspension as a Habitual Traffic Violator.