Opinions July 7, 2015

July 7, 2015

Indiana Court of Appeals
Bryan A. Cox v. State of Indiana
Criminal. Affirms 15-year aggregate executed sentence for Class B felony dealing cocaine and adjudication as a habitual offender. The doctrine of amelioration does not apply to Cox’s habitual offender sentence enhancement. Cox argued that he should have been sentenced under a more lenient amended habitual offender statute effective July 1, 2014, but his crime occurred before this, and the Legislature clearly did not intend for the doctrine of amelioration to apply to the amended statute.

Christopher Wertz v. State of Indiana
Criminal. Reverses denial of a motion to suppress evidence collected in a warrantless search of a vehicle’s GPS system after a fatal crash. Remands for proceedings. The GPS is not a container under the automobile exception to Fourth Amendment protections against unreasonable searches and seizures, and Wertz had a reasonable expectation of privacy in the device and its contents. The court found no binding precedent allowing warrantless searches of electronic devices storing location history information.

Peter D. Nugent v. Phyllis N. Nugent (mem. dec.)
Domestic relation. Affirms denial of Peter Nugent’s petition to modify child support. Also affirms awarding Phyllis Nugent attorney fees in the amount of $3,000.

Clemmeth and Janis Leach v. State of Indiana (mem. dec.)
Criminal. Affirms judgment of trial court ordering the Leaches to pay $45,238.01 in restitution to Patton Park, a lake community in Morgan County.

Scott Huy v. State of Indiana (mem. dec.)

Criminal. Affirms conviction for dealing in cocaine or narcotic drug, a Class A felony, and 40-year sentence, enhanced by 30 years for being a habitual offender. Remands so trial court may correct judgment to reflect that Huy is serving an enhanced, rather than a consecutive, sentence.

Herbert Cox III v. The State of Indiana (mem. dec.)
Criminal. Affirms denial of Cox’s petition to modify his seven-year sentence, all to be served in the Indiana Department of Correction. The sentence was imposed after Cox pleaded guilty to Class C felony habitual traffic violator.

John Wesley Kimbrough, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Kimbrough’s 17-year sentence after he pleaded guilty to Class B felony aggravated battery.

Vincent D. Quarles Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Quarles’ conviction of Class B felony aggravated battery for shooting a victim in the face during a fight outside a Kokomo bar. Finds the evidence is sufficient to rebut Quarles’ self-defense claim.

Scott Meisberger, d/b/a Meisberger Construction v. D. Brent Hanger and Gregory Bishop d/b/a H & B Enterprises, Inc. (mem. dec.)
Civil collection. Reverses judgment in favor of H & B and remands with instructions to enter judgment in Meisberger’s favor in the amount of $29,163.48. Finds Hanger and Bishop offered no evidence supporting their contentions that they had paid Meisberger in full.