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Opinions May 9, 2017

May 9, 2017

Indiana Court of Appeals
Matthew Ward v. Lowe's
93A02-1609-EX-2133
Agency. Affirms the Indiana Worker’s Compensation Board’s denial of Matthew Ward’s application for workers’ compensation benefits. Finds the board did not abuse its discretion in denying his application. Chief Judge Nancy Vaidik dissents with separate opinion.

Eric D. Huffman v. State of Indiana (mem. dec.)
90A02-1612-CR-2791
Criminal. Reverses Eric Huffman’s sentence of 41 ½ years for burglary, theft and possession of a firearm and his status as a serious violent felon and habitual offender. Finds Huffman’s habitual offender enhancement to the burglary sentence and his serious violent felon status are based on the same prior conviction, so consecutive sentences on those two counts are an impermissible double enhancement. Remands to the Wells Circuit Court to correct Huffman’s sentence.

CHINS: E.F., et al. v. Indiana Department of Child Services (mem. dec.)
60A01-1607-JC-1677
Juvenile CHINS. Dismisses L.F.’s appeal of N.F., U.F. and A.F.’s adjudication as children in need of services and U.F. and A.F.’s placement in non-Native American foster care. Finds the case is moot because the children have been returned to L.F. and it does not justify appellate review under the public interest exception.

Michael Moore v. State of Indiana (mem. dec.)
49A02-1610-CR-2371
Criminal. Affirms Michael Moore’s sentence to an aggregate term of 32 years, with three years executed in the Department of Correction, three years executed in community corrections and the remaining time suspended to probation, for his guilty plea to three counts of Level 4 felony burglary and to being a habitual offender. Finds the Marion Superior Court did not abuse its discretion by failing to find his guilty plea to be a significant mitigating factor.

Robert A. Walchle, Jr. v. State of Indiana (mem. dec.)
02A03-1612-CR-2833
Criminal. Affirms Robert A. Walchle’s sentence to five years following his guilty plea to one count each of Level 5 and Level 6 felony battery. Finds the record clearly demonstrates that Walchle freely and voluntarily pleaded guilty to the Level 5 felony offense. Also finds the sentence imposed by the Allen Superior Court is within the statutory limits for a Level 5 felony. Judge Patricia Riley dissents with separate opinion.

Scott Tod v. Indy Goldmine, LLC, et al. (mem. dec.)
49A04-1609-CT-2157
Civil tort. Affirms the entry of judgment in favor of Indy Goldmine LLC, d/b/a IG Home Improvements, and Aaron McGee. Finds that Scott Tod has failed to establish that the Marion Superior Court’s entry of judgment was clearly erroneous.  
 

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