Opinions July 27, 2016

July 27, 2016

Indiana Court of Appeals
Lisa R. Harris v. State of Indiana
Criminal. Reverses denial of Harris’ motion to suppress evidence obtained from a consent search during a seat belt enforcement stop, which led to a Level 6 felony possession of methamphetamine charge. The officer lacked an independent basis of reasonable suspicion justifying inquiry above and beyond the seat belt violation. Remands for further proceedings Judge Najam dissents with opinion.

Danny Cherry v. State of Indiana
Criminal. Affirms convictions of attempted murder as a Class A felony, two counts of unlawful possession of a firearm by a serious violent felon as Class B felonies, criminal recklessness as a class C felony, three counts of child exploitation as Class C felonies, stalking as a Class C felony, three counts of intimidation as Class D felonies, and eleven counts of dissemination of matter harmful to a minor as Class D felonies. The state presented evidence of probative value from which a reasonable jury could have determined beyond a reasonable doubt that Cherry was the person who committed the crimes.

Kevin R. Koontz v. Erin L. (Koontz) Scott
Domestic relations. Affirms order father must pay one-third of the costs associated with his son’s college expenses. His son has not repudiated his relationship with his father.

Talon L. Roper v. State of Indiana (mem. dec.)
Criminal. Affirms sentence enhancement for committing Level 2 felony robbery resulting in serious bodily injury by use of a firearm.

William Sherman Wilder v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of three counts of Class A felony child molesting and 65-year sentence.

Judith Bonaventura v. Bobby Shah (mem. dec.)
Small claims. Affirms denial of Bonaventura’s motion to dismiss the small claims judgment entered in favor of Shah on his action for eviction against her.

Eddy L. Buchanan v. State of Indiana (mem. dec.)
Criminal. Affirms convictions and sentence after Buchanan was found guilty but mentally ill of having committed Class A felony attempted murder and Class B felony criminal confinement.

Joshua T. Prince v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Level 6 felony dealing in a schedule IV controlled substance.