Opinions Nov. 22, 2017

Keywords Opinions

Indiana Court of Appeals

Sharis Haas v. Gordon Haas (mem. dec.)
Civil tort. Affirms the Marion Circuit Court’s order setting aside a default judgment against Gordon Haas. Finds the trial court erred when it entered default judgment, so the court did not abuse its discretion when it set aside the default judgment.

Charles P. Clark v. State of Indiana (mem. dec.)
Criminal. Affirms Charles P. Clark’s sentence to an aggregate of 910 days of incarceration, with 365 days suspended to probation for his convictions of two counts of cruelty to an animal as Level 6 felonies. Finds Clark’s sentence is not inappropriate in light of the nature of the offenses and his character.

Dennis Winfert v. State of Indiana (mem. dec.)
Criminal. Affirms Dennis Winfert’s conviction of sexual assault with a minor as a Level 4 felony. Finds the Marion Superior Court did not violate Winfert’s Fifth Amendment right to testify or his Sixth Amendment right to present a defense when it struck his testimony that J.A. had lied during her testimony. Also finds Winfert waived any error in the exclusion of Detective Nicolle Flynn’s testimony when he failed to make an offer of proof.

Brandon C. Staggs v. State of Indiana (mem. dec.)
Criminal. Affirms Brandon C. Staggs’ sentence to an aggregate of 39 years for his convictions of Level 1 felony neglect of a dependent resulting in death, Level 5 felony narcotics possession and Level 6 felony maintain a common nuisance. Finds the Tippecanoe Superior Court acted within its discretion in its identification of aggravators. Also finds Staggs has failed to meet his burden of demonstrating his sentence is inappropriate.

Timothy Fulbright v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy Fulbright’s sentence to six years for his conviction of Level 4 felony burglary. Finds Fulbright ha not met his burden to show his placement in the Department of Correction for the three-year executed portion of his sentence is inappropriate.

Lamarcus Williams v. State of Indiana (mem. dec.)
Criminal. Remands the Marion Superior Court’s order requiring Lamarcus Williams to pay certain costs and probation fees with instructions to the trial court to determine whether Williams is indigent. Finds the trial court did not conduct a sufficient indigency hearing with regard to Williams’ costs.

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