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Opinions Dec. 27, 2017

December 27, 2017

Indiana Court of Appeals
Christine Marie Lindhorst v. State of Indiana

02A03-1704-CR-696
Criminal. Affirms Christine Marie Lindhorst’s conviction of battery resulting in serious bodily injury to a person younger than 14 and neglect of a dependent resulting in serious bodily injury, both as Level 3 felonies, and her six-year executed sentence. Finds any error in limiting Lindhorst’s cross-examination of Dr. David Smith did not prejudice her defense and was harmless. Also finds there is sufficient evidence to support the Allen Superior Court’s determination Lindhorst knowingly or intentionally inflicted the injury upon S.E. and knowingly or intentionally placed S.E. in a dangerous situation by delaying medical assistance. Finally, finds Lindhorst’s sentence is not inappropriate.

Michael Martin v. Colby Hayduk and Tiffany Stafford
32A01-1705-CT-974
Civil tort. Reverses the grant of summary judgment for Colby Hayduk and Tiffany Stafford on Michael Martin’s complaint. Finds Martin has not shown Hayduk and Stafford were negligent per se for violating Brownsburg ordinances regarding the ownership of dogs. Also finds there are genuine issues of material fact regarding whether they breached their duty to Martin and whether Martin incurred the risk of injury. Remands for further proceedings.
 
Dorian Lee v. State of Indiana
71A05-1702-PC-326
Post-conviction. Affirms the denial of Dorian Lee’s petition for post-conviction relief. Finds Lee failed to carry his burden of establishing he is entitled to post-conviction relief. Also finds the post-conviction court did not err when it found neither Lee’s trial nor appellate counsel provided ineffective assistance.

Gregory S. Powers v. State of Indiana (mem. dec.)
16A01-1707-CR-1525
Criminal. Affirms Gregory S. Powers’ convictions of Level 5 felony burglary and Class A misdemeanor criminal trespass. Finds the Decatur Superior Court did not abuse its discretion in denying Powers’ motion to dismiss the charges against him or in denying his motion to instruct the jury on the lesser-included offense of Class B misdemeanor criminal mischief.

Kevin Lynn Tedford v. State of Indiana (mem. dec.)
49A05-1708-CR-1735
Criminal. Affirms Kevin Lynn Tedford’s conviction of domestic battery as a Level 6 felony. Finds the state presented sufficient evidence to support Tedford’s conviction.

Brent N. Draime v. State of Indiana (mem. dec.)
20A03-1704-CR-870
Criminal. Affirms Brent N. Draime’s 120-year sentence and convictions of three counts of child molesting and two counts of attempted child molesting, all as Class A felonies. Finds the Elkhart Superior Court did not abuse its discretion in the admission of victim N.P.’s testimony or commit fundamental error in the admission of a Child and Family Advocacy Center video. Also finds the state presented sufficient evidence to support Draime’s convictions. Finally, finds Draime’s sentence is not inappropriate.

E.H. v. State of Indiana (mem. dec.)
57A05-1708-JV-2047
Juvenile. Affirms E.H.’s commitment to the Department of Correction after he was adjudicated as a juvenile delinquent for committing what would be dealing in marijuana, a Level 5 felony if committed by an adult. Finds the juvenile court did not abuse its discretion in committing E.H. to the DOC.

Steven Eugene Ewing v. State of Indiana (mem. dec.)
48A05-1707-CR-1491
Criminal. Affirms the revocation of Steven Eugene Ewing’s community corrections placement. Finds the Madison Circuit Court correctly determined a signed, verified police report that was admitted into evidence had substantial guarantees of reliability.

Anthony W. Smith v. State of Indiana (mem. dec.)
35A05-1705-PC-1058
Post-conviction. Reverses the dismissal of Anthony W. Smith’s petition for post-conviction relief for failure to prosecute. Finds the Huntington Circuit Court erred in dismissing Smith’s petition without first holding a hearing on the state’s motion to dismiss. Remands for either a Trial Rule 41(E) hearing or reinstatement of Smith’s action.

Jacob L. Robertson v. State of Indiana (mem. dec.)
53A04-1705-CR-1153
Criminal. Affirms Jacob Robertson’s convictions of Level 3 felony attempted rape and Level 5 felony criminal confinement. Vacates Robertson’s convictions of Class A misdemeanor battery and Level 6 felony strangulation. Finds Robertson’s convictions of battery and strangulation violate prohibitions against double jeopardy. Also finds Robertson has failed to show the Monroe Circuit Court committed harmful error in admitting evidence of text messages exchanged with A.G. or the transcript of Robertson’s videotaped statement to police. Finally, finds Robertson has failed to show the admission of allegedly vouching testimony amounted to error.

Michael L. Cope, II v. State of Indiana (mem. dec.)
79A02-1708-CR-1752
Criminal. Affirms Michael L. Cope, II’s sentence of seven years, with four years executed in the Indiana Department of Correction and three years suspended to supervised probation, for his conviction of Level 4 felony possession of a firearm by a serious violent felon. Finds the Tippecanoe Superior Court did not abuse its discretion in sentencing Cope. Also finds Cope’s sentence is not inappropriate in light of the nature of the offense and his character.

Irwin McNeil Scott v. State of Indiana (mem. dec.)
71A04-1706-CR-1222
Criminal. Affirms the St. Joseph Superior Court’s order for Irwin Scott to serve three years in community corrections, followed by three years of probation, for violating the terms of his probation. Finds the trial court did not abuse its discretion.

 

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