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Opinions Nov. 14, 2016

November 14, 2016
KEYWORDS Opinions

Indiana Court of Appeals
William McNeal v. State of Indiana
49A05-1604-CR-838
Criminal. Affirms William McNeal’s conviction of Level 5 felony possession of cocaine. Finds that the Marion Superior Court did not abuse its discretion by admitting evidence that McNeal claims was obtained in violation of his rights pursuant to the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution.

Patrick J. Overman v. Estate of Shirley Ann Overman, William Scott Overman, the Executor, Stuart G. Kelly (mem. dec.)
27A05-1510-EU-1561
Estate. Dismisses Patrick J. Overman’s appeal of a Grant Superior Court order requiring the estate of Shirley A. Overman to apply Patrick Overman’s share of the estate to repay money he owed to Stuart Kelly pursuant to three promissory notes. Finds that Patrick Overman forfeited his right to appeal by failing to file a timely notice of appeal and that there are no extraordinarily compelling circumstances to restore that right.

Deandre L. Barnes v. State of Indiana (mem. dec.)
45A03-1601-CR-1
Criminal. Affirms Lake Superior Court’s refusal to give Deandre Barnes’ proposed jury instruction during his trial for Level 3 felony robbery. Finds that the trial court’s jury instruction covered the substance of Barnes’ proposed instruction and was proper.

Kraig Von Reese Brown v. State of Indiana (mem. dec.)
48A02-1604-CR-751
Criminal. Affirms the revocation of Kraig Von Reese Brown’s probation. Finds that the state’s evidence clearly established a preponderance of the evidence that Brown committed new crimes while on probation and, thus, the Madison Circuit Court did not abuse its discretion in revoking Brown’s probation and ordering him to serve the entirety of his four-year suspended sentence.

Mario Kelly v. State of Indiana (mem. dec.)
49A05-1604-CR-853
Criminal. Affirms Mario Kelly’s convictions of criminal recklessness as a Level 5 felony and carrying a handgun without a license as a Class A misdemeanor. Finds that Kelly’s convictions were amply supported by evidence.

Christopher Buckhalter v. State of Indiana (mem. dec.)
49A02-1511-CR-1852
Criminal. Affirms Christopher Buckhalter’s conviction of battery as a Class A misdemeanor. Finds that the Marion Superior Court did not abuse its discretion in admitting into evidence the victim’s show-up and in-court identifications of him.

James Ricketts v. State of Indiana (mem. dec.)
65A01-1603-CR-676
Criminal. Affirms the revocation of James Ricketts’ probation. Finds that the Posey Superior Court did not abuse its discretion when it ordered Ricketts to serve his suspended sentence after his admission of multiple probation violations.
 

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