Opinions Feb. 9, 2018

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Indiana Court of Appeals
Kelly Bagsby and Aaron Bagsby v. Riley T. Snedeker

79A02-1706-CT-1315
Civil tort. Affirms the grant of Riley T. Snedeker’s motion to transfer venue. Finds the Tippecanoe Circuit Court did not abuse its discretion when it granted Snedeker’s motion.

Jennifer A. Smith v Walsh Construction Company II, LLC and Case Foundation Company, Irving Materials, Inc., Bernardin Lochmueller and Associates, Inc., RoadSafe Holdings, Inc., Roudebush Grading, Inc.
08A02-1706-CT-1493
Civil tort. Affirms the denial of Walsh Construction Company II, LLC’s motion for summary judgment and the grant of RoadSafe Holdings’s motion for summary judgment. Reverses the grant of summary judgment in favor of Lochmueller Group, Irving Materials, Inc. Case Foundation Company and Roudebush Grading, Inc. Finds there are genuine issues of material fact preventing summary judgment in favor of all defendants except for RoadSafe. Remands for further proceedings.

J.R. v. State of Indiana
49A02-1704-JV-754
Juvenile. Grants the state’s petition for rehearing for the purpose of addressing its argument that the Indiana Court of Appeals erred in holding a juvenile cannot be adjudicated for the offense of carrying a handgun without a license. Finds the statute related to a juvenile’s dangerous possession of a firearm prevails over the statute governing carrying a handgun without a license. Affirms the original opinion.

Richard L. Mays v. State of Indiana (mem. dec.)
49A02-1705-CR-1142
Criminal. Affirms Richard May’s sentence of 60 years in the Department of Correction for his conviction of felony murder and Class A felony robbery. Finds May has not met his burden of proving his sentence is inappropriate in light of the nature of the offense or his character.

Troy Briscoe v. State of Indiana (mem. dec.)
49A02-1709-CR-2050
Criminal. Affirms Troy Biscoe’s five-year sentence for his conviction of Level 5 felony carrying a handgun without a license. Finds the evidence was sufficient to support Biscoe’s conviction.

Golby Desroches v. State of Indiana (mem. dec.)
53A01-1704-CR-953
Criminal. Affirms the denial of Golby Desroches’ motion to dismiss the two Class B felony charges against him. Finds the Monroe Circuit Court did not err in calculating the expiration of the one-year period for his motion to dismiss.

Bradley D. Musselman v. State of Indiana (mem. dec.)
09A02-1707-CR-1726
Criminal. Affirms the denial of Bradley D. Musselman’s motion to correct erroneous sentence. Finds the Cass Superior Court did not abuse its discretion.

Christian Hicks v. State of Indiana (mem. dec.)
49A04-1708-CR-1796
Criminal. Affirms Christian Hicks’ conviction of possession of marijuana as a Class B misdemeanor. Finds the Marion Superior Court did not err in denying Hicks’ motion to suppress.

Jeremiah J. Davis v. State of Indiana (mem. dec.)
33A01-1705-CR-1197
Criminal. Affirms the denial of Jeremiah J. Davis’ motion to withdraw his guilty pleas under two separate cause numbers. Finds the Henry Circuit Court did not abuse its discretion.

State of Indiana v. Alan Jenkins (mem. dec.)
41A04-1707-CR-1517
Criminal. Reverses the grant of Alan Jenkins’ petition to modify his sentence. Finds the applicable sentence modification statute does not authorize a court to modify a sentence imposed pursuant to a fixed-sentence agreement without an express reservation of such authority in the agreement. Remands with instructions to impose the agreed-upon aggregate 65-year sentence.

Ashley Poythress and LaVenita Burnett v. Esurance Insurance Company (mem. dec.)
49A05-1708-CT-1823
Criminal. Affirms the entry of summary judgment in favor of Esurance Insurance Company. Finds the Marion Superior Court did not abuse its discretion in denying Ashley Poythress and LaVenita Burnett’s motion to strike. Also finds the trial court did not err in the entry of summary judgment.

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