Opinions Dec. 6, 2017

Keywords Opinions

Indiana Court of Appeals
Kevin M. Dolick v. State of Indiana (mem. dec.)

Criminal. Affirms Kevin M. Dolick’s six-year sentence for his conviction of Level 3 felony dealing in methamphetamine, enhanced by three years based upon his guilty plea to using a firearm in the commission of the controlled substance offense. Finds Dolick waived his double jeopardy claim against the three-year enhancement by pleading guilty and benefitting from a plea bargain.

Michael Ayeh v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Ayeh’s conviction for criminal trespass as a Class A misdemeanor. Finds the evidence was sufficient to sustain Ayeh’s conviction.

In the Matter of the Commitment of M.W. v. Madison State Hospital (mem. dec.)
Mental health. Affirms the St. Joseph Superior Court’s finding that M.W. is mentally ill and gravely disabled and order for his continued commitment to Madison State Hospital. Finds Madison State Hospital established by clear and convincing evidence that M.W. is gravely disabled.

Mary Angela Bowser, Randall Bowser, Cathleen Perry, and Anthony Perry, v. Paulette Oakes and Garland Oakes; PNC Bank, N.A. v. Click Portrait Studio, LLC, Paulette Oakes, and Garland Oakes (mem. dec.)
Civil collection. Affirms the entry of summary judgment in favor of Paulette and Garland Oakes. Finds the Clark Circuit Court did not err in granting summary judgment to the Oakeses.

Dennis Meadows v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Dennis Meadows’ petition for post-conviction relief. Finds Meadows was not denied the effective assistance of counsel at his competency hearing and trial.

Artavius G. Richards v. State of Indiana (mem. dec.)
Criminal. Affirms Artavius Richards’ convictions of three counts of felony murder, one of which was enhanced by the use of a firearm. Finds the Allen Superior Court did not err in admitting statements under the co-conspirator exception to the hearsay rule.

Dillon Martin v. State of Indiana (mem. dec.)
Criminal. Reverses the sentence imposed on Dillon Martin after his placement in a work release program was revoked. Finds the work release director lacked the authority to deprive Martin of any earned good time credit. Remands for the Hendricks Superior Court to recalculate Martin’s good time credit to include the 120 days he earned while serving in the work release program.

Brian Keil v. State of Indiana (mem. dec.)
Criminal. Affirms Brian Keil’s convictions of two counts of unlawful possession of a syringe with a prior conviction — one as a Level 5 felony and one as a Level 6 felony — and two counts of possession of paraphernalia as Class C misdemeanors. Finds the Newton Superior Court did not abuse its discretion, err, commit fundamental error or place Keil in substantial peril when it did not remove a juror from the jury. Also finds Keil’s objection to the admission of a recording taken from a law enforcement body camera is waived, and waiver notwithstanding, the probative value of the evidence of the portion of the video played for the jury was substantially outweighed by the danger of unfair prejudice to Keil. Finally, finds evidence of probative value was presented from which the jury could convict Keil beyond a reasonable doubt.

Dominique M. Peoples v. State of Indiana (mem dec.)
Criminal. Affirms Dominque Peoples’ sentence of five years for his conviction of Level 5 felony aiding battery in one cause and to six years for violating the terms of his probation in a separate cause. Finds Peoples has failed to prove his sentences are inappropriate in light of the nature of the offense and his character. Also finds Peoples failed to make a cogent argument that his six-year sentence was an abuse of discretion, so his claim against that sentence is waived.

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