Opinions July 15, 2015

July 15, 2015

Indiana Court of Appeals
Robert Seal v. State of Indiana
Criminal. Affirms convictions of two counts of Class A felony child molesting; two counts of Class B felony incest; and one count of Class B sexual misconduct with a minor. Finds police’s failure to capture the audio on the recordings of the victims’ interviews does not violate Seal’s due process rights. Rules trial court did not abuse its discretion in instructing the jury that time is not an element of the offenses. Concludes the continuous crime doctrine does not apply.

Brandy L. Bennett v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Bennett’s probation and one-year sentence in the Indiana Department of Correction.

John W. Taylor, IV v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Taylor’s petition for post-conviction relief.

Daytwon Tyrone Black v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor theft.

Ariel Kennedy v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of battery resulting in bodily injury, a Class A misdemeanor.

James D. Sowder v. State of Indiana (mem. dec.)
Criminal. Affirms 70-year aggregate sentence for Class A felony voluntary manslaughter; Class A felony burglary; Class C felony intimidation; and Class A misdemeanor carrying a handgun without a license. Vacates conviction of Class D felony criminal recklessness on double jeopardy grounds.

Jeff Griffin, d/b/a JDA Trailers v. Dennis Martin and Lisa Martin (mem. dec.)

Small claim. Reverses judgment for $1,192.62 plus $700 for attorney fees in favor of the Martins. Concludes the trial court erred when it awarded damages and attorney fees to the Martins despite their signing a sales agreement that the pickup truck was sold “as is.” Finds the evidence shows that the Martins suffered only economic loss precluding recovery under a tort theory.