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Opinions Oct. 3, 2017

October 3, 2017

Indiana Supreme Court
Jefferson Jean-Baptiste v. State of Indiana
49S02-1707-CR-500
Criminal. Affirms all portions of the Indiana Court of Appeal’s opinion reversing Jefferson Jean-Baptiste’s conviction of Class A misdemeanor resisting law enforcement, except its sua sponte constitutional analysis and holding, which remain vacated. Finds the state failed to present sufficient evidence to support Jean-Baptiste’s conviction. Declines to address the issue of the Court of Appeals’ constitutional analysis and holding.

Indiana Court of Appeals
Milana Staletovich Riggs v. Cynthia Hill, in her capacity as the Personal Representative of the Estate of Leon O. Riggs
49A02-1703-EU-458
Estate, unsupervised. Affirms summary judgment in favor of the personal representative of the estate of Leon O. Riggs. Finds the probate court did not err by granting the personal representative’s motion to strike Milana Staletovich Riggs’ affidavit and deposition. Also finds the probate court did not err by finding the material facts are undisputed and that the personal representative is entitled to judgment as a matter of law based upon the doctrine of laches.

Lane G. Dodson v. State of Indiana (mem. dec.)
50A03-1702-CR-363
Criminal. Affirms Lane Dodson’s convictions of Level 1 felony attempted murder, Level 5 felony intimidation and two counts of Class A misdemeanor domestic battery and his sentence to an aggregate term of 35 years in the Department of Correction. Finds the Marshall Superior Court did not commit fundamental error when it admitted evidence of Dodson’s relationship with his wife as that evidence was admissible under Indiana Rule of Evidence 404(b)(2). Also finds Dodson has waived appellate review of the severance of charges by failing to raise that issue before the trial court. Finally, finds the trial court did not abuse its discretion in sentencing Dodson.

Tabitha Lykins-Greene v. State of Indiana (mem. dec.)
78A01-1705-CR-1129
Criminal. Affirms the denial of Tabitha Lykins-Greene’s motion to withdraw her plea of guilty to Level 5 felony burglary. Finds the trial court did not abuse its discretion.

 

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