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Opinions Nov. 14, 2017

November 14, 2017

Indiana Court of Appeals
Glenn Dillard v. State of Indiana (mem. dec.)

49A05-1706-CR-1189
Criminal. Affirms trial court’s conviction of Class A misdemeanor dealing in paraphernalia, finding that the evidence is sufficient.

Eric L. Moots v. State of Indiana (mem. dec.)
10A01-1706-CR-1279
Criminal. Affirms the 12-year sentence imposed by the trial court following Eric Moots’ guilty plea to level 4 felony burglary. The court rejected Moots’ contention that his sentence is inappropriate in light of the nature of the offense and his character.

James Meredith v. State of Indiana (mem. dec.)
82A05-1705-CR-1117
Criminal. Affirms trial court’s 30-year sentence following James Meredith’s convictions of four counts of child molesting as Class A felonies and four counts of child molesting as Class C felonies. The sentence was not inappropriate in light of the nature of the offenses and his character.

Melvin Levy v. State of Indiana (mem. dec.)
20A04-1705-CR-1206
Criminal. Reverses Melvin Levy’s convictions of unlawful possession of a firearm by a serious violent felon and possession of marijuana, finding the search that led to the discovery of the gun and the marijuana violated the Fourth Amendment. Remands for presumptive dismissal of the charges.

Shontell Ludy v. State of Indiana (mem. dec.)
49A02-1706-CR-1258
Criminal. Affirms the trial court’s conviction of battery. Shontell Ludy was a customer at a laundromat in Indianapolis, and she tased an employee during a dispute over a malfunctioning machine. At a bench trial, she testified that the employee pushed her and that she tased him in self-defense. The employee and another customer told a different story, testifying that the employee did not push Ludy and that the tasing was an unprovoked attack. The appeals court concluded it was not their role to decide who is more believable.

Tyler Bishop Smiley v. State of Indiana (mem. dec.)
70A01-1706-CR-1394
Criminal. Affirms the conviction of possession of methamphetamine as a Level 6 felony, rejecting Smiley’s contention that the state presented insufficient evidence to support his conviction.

David A. Newton v. Austin Indiana Holdings, LLC (mem dec.)
71A03-1704-CT-928
Civil Tort. Reverses and remands for further proceedings the trial court’s summary judgement in favor of Austin Indiana Holdings, LLC. David Newton, a South Bend police officer, slipped and injured his knee while trying to enter an apartment building owned by AIH. A lawsuit ensued, wherein AIH moved for summary judgment. The trial court entered summary judgment in favor of AIH and subsequently denied Newton’s motion to correct error. The appeals court found the designated evidence does not demonstrate that AIH is entitled to summary judgment.

Bryan Heim and The Indianapolis Yacht Club v. Michael L. Wallace (mem. dec.)
29A02-1703-SC-611
Small Claim. Affirms the denial of Heim’s motion for relief from the judgment against him on Wallace’s claim based on his missing jet ski.

Casey Myers v. State of Indiana (mem. dec.)
19A04-1704-CR-834
Criminal. Majority affirms Casey Myers’ aggregate 42-year sentence and convictions of Level 1 felony attempted murder, Level 6 felony strangulation, two counts of Level 6 felony intimidation, and Class A misdemeanor domestic battery. Majority holds there is no question Myers knowingly and voluntarily waived his right to be present during the State’s case-in-chief and that the admission of certain phone calls was not reversible error. His sentence is appropriate in light of his character and the nature of the offenses. Dissenting Judge John Baker would reverse and remand because he believes Myers did not knowingly and voluntarily waive his right to be present during the state’s case-in-chief.

Brandon Mockbee v. State of Indiana (mem. dec.)
15A01-1703-CR-483
Criminal. Affirms the trial court’s convictions, following a jury trial, of two counts of Level 5 felony burglary and one count of Level 6 felony obstruction of justice; along with the
jury’s finding that Mockabee is a habitual offender. The COA found evidence supported the convictions and the trial court did not abuse its discretion in admitting certain evidence. However, the appeals court sua sponte remanded with instructions for the trial court to amend the sentencing order to attach the habitual offender sentence enhancement to the sentence on one of Mockbee’s level 5 felony burglary convictions.

Jeffrey Alan Perry v. Julieann Perry (mem. dec.)
71A03-1703-DR-704
Domestic Relation. Affirms the trial court’s denial of Jeffrey Alan Perry’s second request for a continuance and modified physical custody of his daughter, but reverses awarding of roughly $4,800 in attorney fees to mother, Julieann Perry nka Heater, because the court failed to inquire about the parents’ current financial resources.

Thomas N. Eckerle v. Katz & Korin, P.C., and Michael W. Hile (mem. dec.)
49A02-1704-CT-735
Civil Tort. Affirms the trial court’s grant of summary judgment in favor of Katz & Korin, P.C., and Hile on Thomas Eckerle’s, pro se claim for abuse of process, as well as the denial of his cross motion for summary judgment on that claim, because Eckerle was not a party to the process at issue.

Martin L. Johnson v. State of Indiana (mem. dec.)
79A04-1704-CR-862
Criminal. Remands with instructions to vacate Martin Johnson’s level 5 felony conviction of
carrying a handgun without a license with a prior felony conviction because of a
double jeopardy violation resulting from his level 4 felony conviction of unlawful possession of a firearm by a serious violent felon. However, the court affirms his aggregate eight-year sentence.

In the Matter of the Commitment of S.W. v. Columbus Regional Hospital Mental Health Center (mem. dec.)
03A04-1706-MH-1344
Mental Health. Affirms the trial court’s grant of Columbus Regional Hospital Mental Health Center’s request for regular commitment. The hospital presented clear and convincing evidence to support the regular commitment order.

Gordon Michael Vanbibber v. State of Indiana (mem. dec.)
82A01-1705-CR-1024
Criminal. Affirms the revocation of Vanbibber’s probation, finding the evidence is sufficient.

Richard L. Fippen v. State of Indiana (mem. dec.)
35A02-1702-CR-451
Criminal. Affirms denial of Richard Fippen’s motion to correct erroneous sentence. Fippen failed to establish that the trial court erred, under the statutes in effect in 2008, by including suspended time in his habitual-offender enhancement.  

 

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