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Indiana Court of Appeals
Brooks Berg v. State of Indiana
32A01-1504-CR-127
Criminal. Affirms convictions of Class D felony operating while intoxicated and Class B misdemeanor reckless driving. Berg argued the state violated his double jeopardy rights under Richardson v. State, 717 N.E.2d 32 (Ind. 1999), when it used the evidence it had presented to the jury to support the reckless-driving charge to demonstrate the endangerment element of the operating-while-intoxicated charge. The state conceded the argument, but the court rejected the reasoning as a misunderstanding of Richardson, because one offense required intoxication and the other required the act of reckless driving.
Tina Carmer v. Scott Carmer
49A05-1411-DR-539
Domestic relation. Affirms the trial court’s interpretation of the prenuptial agreement and decision to deduct $15,000 from Tina Carmer’s $70,000 payment. Reverses trial court’s decision to not consider Scott Carmer’s structured settlement payments as income when calculating his child support obligation. Judge Margret Robb concurs in result, arguing the trial court should have the leeway on remand to make an “innovative” determination of whether to include all or pat of Scott’s structured settlement payments.
Aundreia Dant v. Anthony J. Dant (mem. dec.)
51A01-1504-DR-128
Domestic relation. Affirms division of property in the dissolution of marriage.
Willie J. Herman, Jr. v. State of Indiana (mem. dec.)
02A03-1504-CR-146
Criminal. Affirms convictions of Level 6 felony domestic battery and invasion of privacy.
S.W. v. A.W. (mem. dec.)
02A04-1506-PO-571
Protective order. Reverses denial of motion to correct error following the issuance of protective order against S.W., holding the trial court abused its discretion because there was insufficient evidence to sustain the protective order.
Keith Wolfe v. State of Indiana (mem. dec.)
49A02-1504-CR-226
Criminal. Affirms aggregate 10-year sentence and convictions of Class B felony operating a vehicle causing death with a controlled substance or its metabolite in the body; Class D felony possession of cocaine or a narcotic drug; and Class A misdemeanor possession of marijuana.
Willie J. Herman, Jr. v. State of Indiana (mem. dec.)
02A03-1504-CR-145
Criminal. Affirms Level 6 felony conviction of invasion of privacy.
N.W. v. State of Indiana (mem. dec.)
49A02-1504-JV-201
Juvenile. Affirms adjudication as a delinquent child for what would be Class A misdemeanor possession of a dangerous firearm and Class B misdemeanor possession of marijuana if committed by an adult.
Donald Snover v. State of Indiana (mem. dec.)
20A03-1505-PC-320
Post conviction. Affirms denial of petition for post-conviction relief.
Carl Johnson v. State of Indiana (mem. dec.)
49A05-1505-PC-477
Post conviction. Affirms denial of motion to correct erroneous sentence.
Aloric Carson v. State of Indiana (mem. dec.)
49A05-1503-CR-112
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.
Rose Keen v. Terminix International Company Limited Partnership, Servicemaster Residential Commercial Services Limited Partnership, and Timothy Slocum (mem. dec.)
64A05-1504-CT-160
Civil tort. Dismisses Keen’s appeal of entry of summary judgment in favor of Terminix defendants.
In Re J.H. (Minor Child), Child in Need of Services, and E.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A02-1503-JC-158
Juvenile. Majority Judges Paul Mathias and L. Mark Bailey affirm determination that J.H. is a child in need of services, finding the evidence sufficient to support the finding. Dissenting Judge John Baker would reverse, finding the juvenile court erred twice – first, by adjudicating J.H. to be a CHINS, and second, by proceeding to disposition in the face of the recommendation of DCS and all service providers that the case be closed successfully.
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