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Opinions Nov. 29, 2017

November 29, 2017
KEYWORDS Opinions

Indiana Court of Appeals
Alan Ruiz v. State of Indiana

10A05-1702-CR-311
Criminal. Affirms Alan Ruiz’s conviction of Class B misdemeanor public intoxication. Finds the evidence and reasonable inferences show Ruiz was intoxicated in a public place and in imminent danger of breaching the peace.

Michelle Miller, Town of Sellersburg Clerk-Treasurer v. Town Board of Sellersburg, Indiana
10A01-1612-MI-2908
Miscellaneous. Affirms the Clark Circuit Court’s grant of summary judgment in favor of the Town Board of Sellersburg on Michelle Miller’s mandate petition. Finds the Town Board is entitled to judgment as a matter of law.

Michael Jackson v. State of Indiana (mem. dec.)
71A03-1707-CR-1733
Criminal. Affirms Michael Jackson’s convictions of Level 5 felony battery resulting in serious bodily injury, Level 1 felony rape and Level 3 felony criminal confinement. Finds Jackson’s Level 5 and Level 3 felony convictions don’t violate the continuous crime doctrine. Also finds there was sufficient evidence to rebut Jackson’s claim of self-defense.

David Sanders v. State of Indiana (mem. dec.)
49A02-1606-CR-1403
Criminal. Affirms and reverses in part David Sanders’ convictions of two counts of felony murder, Level 2 felony robbery resulting in serious bodily injury and Level 2 attempted robbery resulting in serious bodily injury. Finds the Marion Superior Court did not abuse its discretion when it closed the proceedings to spectators during the third day of trial. Also finds the Level 2 felony convictions are underlying offenses of the felony murder convictions. Remands with instructions for the trial court to vacate Sanders’ Level 2 felony convictions.

Walter Small v. State of Indiana (mem. dec.)
79A02-1706-CR-1215
Criminal. Affirms Walter Small’s conviction of Level 1 felony child molesting and sentence to 36 years of incarceration. Finds any error in the admission of evidence was harmless. Also finds Small’s argument that his sentence is inappropriately harsh is without merit.

Candace S. McGee v. State of Indiana (mem. dec.)
02A03-1705-CR-1101
Criminal. Affirms Candace S. McGee’s four-year sentence for her conviction of Level 5 felony battery. Finds the Allen Superior Court did not abuse its discretion during sentencing. Also finds McGee has not met her burden to demonstrate her sentence is inappropriate.

Amber Kinsey v. State of Indiana (mem. dec.)
10A01-1705-CR-1099
Criminal. Affirms the revocation of Amber Kinsey’s probation. Finds the Clark Circuit Court did not abuse its discretion in admitting evidence during a probation revocation hearing. Also finds any violation of Kinsey’s due process rights was harmless error.

Leon H. Tyson v. State of Indiana (mem. dec.)
20A03-1704-CR-789
Criminal. Affirms Leon Tyson’s murder conviction. Finds the Elkhart Superior Court did not err in admitting evidence. Also finds the prosecutor did not commit misconduct.

Franklin Allen v. State of Indiana (mem. dec.)
34A02-1706-CR-1289
Criminal. Affirms the revocation of Franklin Allen’s probation and order that he serve the balance of his previously suspended 20-year sentence. Finds the Howard Superior Court did not abuse its discretion in determining the sanction for Allen’s violation.

Danny D. Pigram v. State of Indiana (mem. dec.)
34A02-1706-CR-1454
Criminal. Affirms Danny D. Pigram’s 12-year sentence, with two years suspended, for his conviction of dealing in a narcotic as a Level 4 felony. Finds Pigram has not sustained his burden of establishing his sentence is inappropriate in light of the nature of the offense and his character. Also finds Pigram has not yet been released to probation and his probation has not been revoked, so his argument challenging the imposition of probation conditions is not ripe for review. Judge Patricia Riley concurs in result without separate opinion.

Mark Alan Shock v. State of Indiana (mem. dec.)
48A02-1702-CR-439
Criminal. Affirms Mark Alan Shock’s convictions of Level 5 felony battery and Class A misdemeanor resisting law enforcement. Finds the Madison Circuit Court did not abuse its discretion in denying Shock’s motion for a mistrial.

Brian E. Domer v. State of Indiana (mem. dec.)
02A04-1706-CR-1479
Criminal. Affirms Brian Domer’s conviction of Level 6 felony domestic battery. Finds the evidence is sufficient to sustain Domer’s conviction.

Tait Banham v. State of Indiana (mem. dec.)
49A04-1707-CR-1497
Criminal. Affirms Tait Banham’s convictions of battery resulting in bodily injury to a public safety officer as a Level 5 felony and theft as a Class A misdemeanor. Finds the state presented sufficient evidence beyond a reasonable doubt that Banham’s actions caused bodily injury to the police officer.

Antwane Washington v. State of Indiana (mem. dec.)
49A04-1606-CR-1432
Criminal. Affirms and reverses in part Antwane Washington’s convictions of two counts of felony murder, Level 2 felony robbery resulting in serious bodily injury and Level 2 felony attempted robbery resulting in serious bodily injury. Finds the Marion Superior Court did not abuse its discretion in closing the proceedings to spectators during the third day of trial. Also finds the Level 2 felony convictions are lesser included offenses of the felony murders. Remands with instructions to vacate Washington’s Level 2 felony convictions.

Shannon Fledderman v. State of Indiana (mem. dec.)
15A01-1704-CR-850
Criminal. Affirms Shannon Fledderman’s sentence of eight years, with seven years executed and one year suspended to probation, for her conviction of Level 4 felony burglary. Finds the Dearborn Superior Court did not err in finding an aggravating factor. Also finds Fledderman’s sentence is not inappropriate in light of the nature of the offense and her character.

A.P. v. State of Indiana (mem. dec.)
32A04-1708-JV-1916
Juvenile. Affirms the Hendricks Superior Court’s order to modify supervision and commit A.P. to the Department of Correction for housing in any correctional facility for children. Finds the trial court did not abuse its discretion in concluding A.P. violated the terms and conditions of her supervision with the probation department and in awarding wardship of her to the DOC for housing in a correctional facility for children.

 

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