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Opinions Feb. 27, 2017

February 27, 2017
KEYWORDS Opinions

Indiana Court of Appeals
Ronnie D. Ball, Jr. v. State of Indiana (mem. dec.)
02A03-1609-CR-2117
Criminal. Affirms Ronnie D. Ball’s three-year sentence for corrupt business influence as a Level 5 felony. Finds Ball’s sentence is not inappropriate in light of the nature of his offense and his character.

Corey Gilbert Brown v. State of Indiana (mem. dec.)
49A02-1604-CR-774
Criminal. Affirms Corey G. Brown’s conviction of Class A misdemeanor resisting law enforcement. Finds that the charging information put Brown on notice that the state was alleging resisting law enforcement as defined in Indiana Code 35-44.1-1-3(a)(1). Also finds that the state presented evidence to prove all the elements thereof. Remands for the correction of clerical errors.

M Doed LLC v. Wyeth Barrington, et al. (mem. dec.)
27A02-1609-MI-2062
Miscellaneous. Affirms the Grant Superior Court’s denial of M Doed, LLC’s motion to declare tax sale void ab initio. Finds that the Indiana Court of Appeals cannot reach the merits of Doed’s appeal because it was not timely filed.

Erron Thomas v. State of Indiana (mem. dec.)
49A05-1606-CR-1473
Criminal. Affirms Erron Thomas’ conviction for Class B felony battery. Finds the state produced ample evidence to sustain Thomas’ conviction.

Isiah Williams v. State of Indiana (mem. dec.)
49A02-1606-CR-1204
Criminal. Affirms Isiah Williams’ conviction for carrying a handgun without a license as a Class A misdemeanor. Finds there was sufficient evidence to supports the Marion Superior Court’s conclusion that Williams constructively possessed the firearm.

Benton Lee Courtney, Jr. v. State of Indiana (mem. dec.)
48A02-1604-CR-864
Criminal. Affirms the revocation of Benton Courtney’s probation and the Madison Circuit Court’s order that he serve the entirety of his previously suspended three-year sentence. Finds the trial court acted within its discretion when it found Courtney’s proffered defense of necessity “not believable,” “not objectively reasonable” and “not even close.” Also finds that the imposition of the entirety of Courtney’s previously suspended sentence was well within its discretion.

Kevin McLeod v. State of Indiana (mem. dec.)
10A04-1603-CR-557
Criminal. Affirms Kevin McLeod’s convictions for possession of methamphetamine as a Level 3 felony; two counts of possession of a narcotic drug, one as a Level 4 felony and one as a Level 5 felony; possession of a schedule IV controlled substance as a Level 6 felony; resisting law enforcement as a Class A misdemeanor; and his adjudication as a habitual offender. Finds the Clark Circuit Court did not abuse its discretion when it admitted certain text messages recovered from his cellphone as evidence. Also finds that McLeod waived the issue of prosecutorial misconduct for appellate review.

Angela Beck v. State of Indiana (mem. dec.)
49A04-1606-CR-1320
Criminal. Affirms Angela Beck’s conviction for Level 6 felony theft. Finds Beck’s argument on appeal is simply a request to reweigh evidence.

George Anderson Reese, Jr. v. State of Indiana (mem. dec.)
31A01-1609-PC-2164
Post-conviction. Affirms the post-conviction court’s determination that George A. Reese Jr. failed to establish that he suffered ineffective assistance of trial counsel as part of his petition for post-conviction relief. Finds that Reese has failed to prove prejudice. Chief Judge Nancy Vaidik concurs in result.

John Wesley Wright v. State of Indiana (mem. dec.)
79A02-1607-CR-1634
Criminal. Affirms John W. Wright’s conviction for dealing in methamphetamine as a Level 4 felony. Finds the state presented sufficient evidence to prove that Wright’s offense occurred within 500 feet of a public park.

Cedric S. Ware v. State of Indiana (mem. dec.)
20A03-1607-CR-1686
Criminal. Affirms Cedric S. Ware’s conviction for dealing in cocaine as a Level 2 felony, possession of a controlled substance as a Class A misdemeanor and possession of marijuana as a Class B misdemeanor. Finds the Elkhart Circuit Court did not abuse its discretion in admitting the evidence obtained as a result of the April 15 search of Ware’s home, as that search was based on probable cause. Also finds that the trial court did not commit fundamental error when it admitted evidence of the cocaine, as the state showed a sufficient chain of custody for that evidence.

James D. Smith v. State of Indiana (mem. dec.)
79A02-1609-CR-2149
Criminal. Affirms James D. Smith’s sentence to five years executed for his conviction of battery as a Level 5 felony. Finds the Tippecanoe Superior Court did not abuse its discretion when it sentenced Smith and his sentence is not inappropriate in light of the nature of the offense his character.

John Berry v. State of Indiana (mem. dec.)
49A05-1603-PC-553
Post conviction. Affirms the post-conviction court’s denial of John Berry’s petition for post-conviction relief. Finds that the post-conviction court’s findings are supported by the record.

Karen Criswell v. Kenneth Criswell (mem. dec.)
34A05-1604-DR-924
Domestic relation. Affirms the dissolution decree of Karen and Kenneth Criswell’s marriage. Finds the evidence is sufficient to support the dissolution court’s finding that a Corvette was a marital asset and that the Corvette has a value of $22,000.

Naveen Rajamony v. State of Indiana (mem. dec.)
49A02-1606-CR-1301
Criminal. Affirms Naveen Rajamony’s conviction for Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds the trial court did not abuse its discretion throughout the case.

Daniel Schuler v. State of Indiana (mem. dec.)
15A01-1606-CR-1418
Criminal. Affirms David Schuler’s sentence to five years following the Dearborn Circuit Court’s revocation of his probation. Finds the trial court did not abuse its discretion when it ordered Schuler to serve the remainder of his previously suspended sentence. Declines to address Schuler’s contention that his sentence is inappropriate in light of the nature of the offenses and his character under Indiana Appellate Rule 7(B).

Ian J. Clark v. State of Indiana (mem. dec.)
43A03-1605-PC-970
Post conviction. Affirms the denial of Ian Clark’s petition for post-conviction relief. Finds the post-conviction court properly denied Clark’s petition.
 

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