Opinions, Oct. 3, 2013
Indiana Court of Appeals
Jose Garcia v. G. Wm. Walker Construction (NFP)
Civil. Affirms the Indiana Worker’s Compensation Board’s ruling that Garcia’s injury did not arise from his employment.
Elbert G. Elliott v. State of Indiana (NFP)
Criminal. Affirms revocation of Elliott’s probation based on drug use and willful failure to pay restitution.
Milton L. Medsker v. State of Indiana (NFP)
Post conviction. Affirms post-conviction court’s denial of Medsker’s petition for post-conviction relief.
Marlen Hernandez v. State of Indiana (NFP)
Criminal. Affirms conviction for criminal recklessness, a Class D felony.
Richard Green v. State of Indiana (NFP)
Criminal. Affirms Green’s conviction for armed robbery, a Class B felony, and his adjudication as a habitual offender.
Robert Klinglesmith v. State of Indiana (NFP)
Criminal. Affirms in part and reverses in part. Concludes that Klinglesmith did not suffer fundamental error due to the cumulative effect of allegedly erroneously admitted evidence but that one of his two convictions for Class B felony criminal deviate conduct must be vacated due to double jeopardy concerns.
Matthew P. Thrall v. State of Indiana (NFP)
Criminal. Affirms 13-year sentence for pleading guilty to one count of Class B felony rape.
Priority Press, Inc. v. Media Methodology (NFP)
Small claims. Affirms judgment in favor of Media Methodology.
Rasheen Middleton v. State of Indiana (NFP)
Criminal. Affirms conviction and 12-year sentence, with two years suspended, for one count of Class B felony unlawful possession of firearm by a serious violent felon.
Dennis Tiller v. State of Indiana (NFP)
Criminal. Affirms convictions for one count child molesting as a Class A felony and one count child molesting as a Class C felony. Concludes while the prosecutor’s comments may have been more narrowly construed, they did not prevent Tiller from receiving a fair trial.
Indiana Supreme Court released no opinions before IL deadline. 7th Circuit Court of Appeals released no Indiana opinions before IL deadline.