Opinions Sept. 28, 2016

September 28, 2016

Indiana Court of Appeals
Susan E. Sturdivant v. State of Indiana
Criminal. Affirms trial court’s decision to allow Susan Sturdivant to conduct her own defense. Finds that there was no evidence that Sturdivant was suffering from severe mental illness.

John W. Thomas v. State of Indiana
Criminal. Affirms John W. Thomas’ conviction for attempted murder as a Level 1 felony. The trial court did not commit fundamental error when it instructed the jury that voluntary intoxication is not a defense to attempted murder.

Larry Myers and Loa Myers v. Bremen Casting, Inc., and Mastic Home Exteriors, Inc.
Miscellaneous. Affirms denial of summary judgment against Bremen Casting Inc. and Mastic Home Exteriors Inc. on a respondeat superior claim. Finds that the Marion Superior Court erred in granting summary judgment for defendants on the Myerses’ vicarious liability claim pertaining to the negligence of independent contractors and premises liability claim. Remands for further proceedings.

Rodney Lloyd v. State of Indiana (mem. dec.)
Criminal. Affirms Rodney Lloyd’s conviction of Level 3 felony robbery while armed with a deadly weapon and sentence to 9 ½ years of incarceration.

Kevin L. Nicholson v. State of Indiana (mem. dec.)
Criminal. Affirms Kevin L. Nicholson’s conviction for burglary, a Level 4 felony, and his adjudication as an habitual offender.

Kevin Lee Troxtle v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Kevin Lee Troxtle’s probation.

Anthony E. Jeffares v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony E. Jeffares’ sentence to the balance of his 18-year sentence for violating his probation for a second time in this case.

Leon C. Sieg v. State of Indiana (mem. dec.)
Criminal. Affirms Leon C. Sieg’s convictions for strangulation, a Class D felony, and domestic battery, a Class D felony.

Albert Boyd v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Albert Boyd’s petition for post-conviction relief after he was convicted of murder and sentenced to 62 years in the Indiana Department of Correction in 2006.

Brent Kraay v. State of Indiana (mem. dec.)
Criminal. Affirms Brent Kraay’s convictions of two counts of Class A felony child molesting, two counts of Class C felony child molesting and one count of Class D felony conducting a performance harmful to minors and sentence to an aggregate term of 30 years of incarceration.

In re Paternity of Jerry Thomas Leber, Jerry Dillon v. State of Indiana and Laurie Leber (mem. dec.)
Juvenile paternity. Affirms denial of Jerry Dillon’s petition for modification of child support.

Taiwan Lundy v. State of Indiana (mem. dec.)
Criminal. Affirms Taiwan Lundy’s aggregate sentence of 72 years for 29 convictions in connection with an extended home invasion.

Michael Pugh v. State of Indiana (mem. dec.)
Criminal. Reverses in part and remands with instructions to vacate Michael Pugh’s convictions for criminal confinement under counts 23, 26, 27 and 37 and his convictions for forgery under county 13-16, 18-21, 30 and 31. Affirms all other convictions.