Opinions Sept. 17, 2015

September 17, 2015

Indiana Court of Appeals
Tywaun Carter v. State of Indiana
Criminal. Affirms Carter’s conviction of two counts of Level 1 felony rape and 32-year sentence on each count to be served concurrently in the Indiana Department of Correction. Finds the victim’s work as a prostitute did not render her testimony and statements unbelievable, incredible or improbable. Rules the fact that the victim had been engaging in prostitution does not excuse Carter’s violent behavior or make his sentence inappropriate.  

Donald Richardson v. Town of Worthington, Indiana
Civil tort. Affirms grant of summary judgment in favor of the Town of Worthington on Richardson’s claim he was owed overtime compensation, unpaid wages, liquidated damages and attorney fees under the state minimum wage law. The trial court properly granted summary judgment in the town’s favor because Worthington is an employer subject to the minimum wage provisions of the Fair Labor Standards Act, but not its maximum hours provision, because it employs fewer than five law enforcement officers. The state minimum wage law therefore excludes Worthington from the FLSA’s purview.

Jon Donovan v. State of Indiana (mem. dec.)

Criminal. Affirms conviction of Level 6 felony domestic battery.

Marvin Hester v. State of Indiana (mem. dec.)

Criminal. Affirms conviction of pointing a firearm at another person, a Class D felony.

Tyler Beathea v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class B felony battery resulting in serious bodily injury of a child and Class D felony neglect of a dependent.