Opinions Aug. 11, 2015

August 11, 2015

Indiana Court of Appeals
LHO Indianapolis One Lessee, LLC v. Esther Bowman, Individually and on Behalf of Other Similarly Situated Individuals
Civil tort. Reverses the trial court’s certification of a class defined by Bowman. Finds members of the class did not meet the requirement of Indiana Trial Rule 23(B)(3) by showing their illnesses were caused by eating the same contaminated food. Remands with the options of either redefining the class under Indiana Trial Rule23(C)(4)(a) or continuing under T.R. 23(B)(3) with respect to the hotel’s general liability only.   

In re the Marriage of: Christopher Neal Maddux v. Suzanne Marie Maddux
Domestic. Reverses denial of father’s petition for modification of custody, holding that the trial court’s findings did not support the denial of the petition. Remands to the trial court to enter judgment in father’s favor on the petition and for a new calculation of the parties’ child support obligations, including credit for father’s overpayment.

Bryan Gavin v. State of Indiana
Criminal. Affirms convictions of Class B felony unlawful possession of a firearm by a serious violent felon; Class C felony counts of battery, carrying a handgun without a license by a convicted felon, and criminal recklessness; and Class D felony neglect of a dependent. A police officer’s question to Gavin about the location of a gun was reasonably prompted by concern for the safety of Gavin’s stepdaughter, therefore the question was not a Miranda violation and the trial court did not err in admitting Gavin’s statement.

Ishmell Neal Garrett v. State of Indiana (mem. dec.)
Criminal. Affirms 90-year aggregate sentence and convictions of three counts of child molesting, two as Class A felonies and one as a Class C felony; and two counts of sexual misconduct with a minor, one as a Class B felony and one as a Class C felony.

Major Loren Wilson v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of criminal deviate conduct, as a Class A felony and burglary, as a Class B felony and being adjudicated as a habitual offender.

Matthew R. Carie v. Jennifer Carie, f/k/a Jennifer Wade, n/k/a Jennifer Andrews (mem. dec.)
Domestic relation. Affirms division of property and debts in dissolving the marriage of Matthew Carie and Jennifer Carie.

Kathryn Jo Gillette a/k/a, Kathy Gillette v. Belterra Resort Indiana, LLC, d/b/a Belterra Casino Resort, et al (mem. dec.)
Civil collection. Affirms summary judgment for Belterra in the amount of $8,000 plus attorney fees pursuant to the terms of the credit applications, costs and interest.

Scottie Edwards v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Edwards’ petition for modification of his 40-year sentence for Class A felony attempted murder.

Tyrus D. Coleman v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief. Concludes none of the errors alleged by Coleman amount to ineffective assistance of counsel.

Robert E. Eastwood v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

Darius Altgilbers v. State of Indiana (mem. dec.)
Criminal. Affirms sentence of 63 years with four years suspended to probation for murder.

Antonio Brown v. State of Indiana (mem. dec.)
Criminal. Affirms 40-year sentence for pleading guilty to dealing in a narcotic drug, a Class A felony.

Levi E. Gross v. State of Indiana (mem. dec.)
Criminal. Affirms six-year aggregate sentence for pleading guilty to possession of chemical reagents or precursors with intent to manufacture a controlled substance and theft, both Class D felonies.

Shayne Thompson v. State of Indiana (mem. dec.)
Criminal. Reverses calculation for credit time in conjunction with Thompson’s aggregate sentence of 110 years for one count of murder; one count of robbery, as a Class A felony, and one count of robbery, as a Class B felony. Finds trial court erred in depriving Thompson of 101 days credit time in the murder case for the time he was incarcerated between Oct. 2, 2013, and Jan. 10, 2014. Remands with instructions to correct sentencing order to reflect an additional 101 days credit time against the present sentence.

Hanover Community School Corporation v. L.K. (mem. dec.)
Order of protection. Affirms trial court’s award of attorney fees to L.K. but remands with instructions to reduce the award from $2,000 to $426.25.

Dexter Berry v. State of Indiana (mem. dec.)
Criminal. Affirms 15-year sentence with 10 years executed and five years suspended for pleading guilty to burglary, as a Class B felony, and several lesser offenses.