Opinions — May 18, 2016

Keywords neglect / Opinions

Indiana Court of Appeals
Joshua Schaaf v. State of Indiana
Criminal. Affirms Joshua Schaff’s convictions but reduces his sentence for two counts of dealing heroin. Finds sufficient evidence for his convictions even though he didn’t participate in one of the transactions and didn’t know he was near a park in the second. Reduces Schaff’s sentence from 15 years for the first count and 40 for the second count to 10 for the first count and 30 for the second, finding the sentence was too harsh. Judge Paul Mathias dissents in opposition to the sentence reduction in one-paragraph opinion.

Lonny Hodges v. State of Indiana
Criminal. Affirms on interlocutory of appeal denial of Lonny Hodges’ motion to suppress evidence found at his home related to making methamphetamine. Because Hodges was on probation, reasonable suspicion was not necessary to search his home. Chief Judge Nancy Vaidik concurs in separate opinion, saying while she agreed in this case, she thought there could be cases where a reasonable suspicion challenge could be valid.

Craig Neibert v. Jody A. Perdomo
Civil Collection. Reverses and remands on interlocutory appeal order that involuntarily dismissed damage claims filed by Craig Neibert against his ex-girlfriend Jody Perdomo after Nebert did work on two houses for Perdomo and did not get paid for it. Finds evidence Neibert presented was enough to survive the dismissal motion.

Jack Sheets v. David Birky, Interra Credit Union, Curt Bechler, and Venture International, LLC.
Civil Plenary. Affirms summary judgment for David Birky and Interra Credit Union and partial and full judgment for Curt Bechler and Venture International after Jack Sheets claimed a phone call to a hotline run by Venture was defamation per se. Finds that the call was an opinion backed up by outside resources and not defamation per se. Also holds that Sheets’ jury instructions were properly withheld from the jury.

Eric Heinrichs v. State of Indiana (mem. dec.)
Criminal. Affirms Eric Heinrichs’ sentence for two counts of dealing in cocaine or narcotic drugs as class B felonies.

Michael Joseph Mueller v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Muller’s sentence after he pleaded guilty to one count of auto theft as a Level 6 felony.


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