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Opinions Jan. 20, 2017

January 20, 2017

Indiana Court of Appeals
Kevin T. Williams v. Unifund CCR, LLC
71A04-1604-CC-901
Civil collection. Reverses the St. Joseph Circuit Court’s judgment in favor of Unifund CCR LLC on Unifund’s complaint against Kevin T. Williams for nonpayment of credit card debt. Finds the trial court abused its discretion in entering judgment in favor of Unifund.

Christopher Johnston v. State of Indiana
49A04-1603-CR-543
Criminal. Affirms the qualification of the state’s expert called to discuss forensic analysis of social media records and digital trails, and the admission of the expert’s opinion regarding the statistical probability of multiple Facebook accounts belonging to people other than Christopher Johnston. Finds the Marion Superior Court did not abuse its discretion in qualifying Sgt. Steven Schafer as an expert. Also finds that Johnston has not demonstrated fundamental error in the admission of Schafer’s polar bear analogy.

Wiley W. Walters, Jr. v. State of Indiana
35A02-1601-CR-168
Criminal. Affirms Wiley W. Walters Jr.’s convictions for two counts of Level 1 felony child molesting and two counts of Level 4 felony child molesting and his 50-year sentence. Finds the Huntington Superior Court did not abuse its discretion in the admission of nurse Shawn Callahan’s reiteration of B.E.’s description of Walters’ assault pursuant to the medical treatment exception to the hearsay rules. Also finds that Walters’ sentence is not inappropriate in light of his character and the nature of the offense.

Michael Prysock v. State of Indiana (mem. dec.)
49A02-1605-CR-1141
Criminal. Affirms Michael Prysock’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds that the state presented sufficient evidence Prysock was not acting in self-defense when he committed the offense.

Jerry D. Vest v. State of Indiana (mem. dec.)
27A02-1512-CR-2171
Criminal. Affirms Jerry D. Vest’s convictions of aggravated battery as a Level 3 felony, battery as a Level 5 felony, two counts of intimidation, each as a Level 6 felony, and domestic battery as a Class A misdemeanor; and his aggregate eight-year sentence with 4 ½ years suspended to probation and 3 ½ years executed. Finds the Grant Superior Court did not abuse its discretion when it admitted audio recordings of telephone conversations involving Vest while he was in jail and denied his motion for a continuance of several days in which to listen to the calls, or when it admitted Linda Wilk’s testimony. Also finds there is sufficient evidence to support his conviction of Level 6 felony intimidation. Finally, finds the trial court did not abuse its discretion when it ordered a no contact order as part of Vest’s sentence.

Anthoni C. Thornburgh v. State of Indiana (mem. dec.)
05A02-1605-CR-1091
Criminal. Affirms Anthoni C. Thornburg’s conviction of possession of marijuana as a Class B misdemeanor. Finds the Blackford Superior Court did not abuse its discretion when it admitted evidence of marijuana obtained as part of a search of his vehicle.

Geoffrey Quarles v. State of Indiana (mem. dec.)
49A02-1605-CR-1187
Criminal. Affirms Geoffrey Quarles’ conviction for Level 6 felony criminal recklessness. Finds the state presented sufficient evidence to prove substantial risk of bodily injury to Christian Canelas and to rebut Quarles’ self-defense claim.
 

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