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Opinions March 20, 2018

March 20, 2018

Indiana Court of Appeals
Dustin McCarty v. State of Indiana

84A04-1707-CR-1599
Criminal. Reverses the probationary conditions imposed on Dustin McCarty after he was sentenced to 2½ years, with 290 days executed and the remainder suspended to probation, for Class D felony battery by bodily waste and Class A misdemeanor resisting law enforcement. Finds the Vigo Superior Court committed harmless error when it failed to provide McCarty with written conditions of probation at sentencing. Remands with instructions.

Windgate Properties, LLC v. Chris Sanders
13A01-1706-PL-1453
Civil plenary. Affirms the Crawford Circuit Court’s order quieting title to WindGate Properties, LLC subject to an implied easement by necessity for the benefit of Chris Sanders. Finds an easement on WindGate’s property was necessary because Sanders had no other means of accessing his land.
 
Thomas J. Feehan and Michelle Ceuterick-Feehan v. CitiMortgage, Inc.
71A03-1710-MF-2480
Mortgage foreclosure. Affirms the entry of summary judgment in favor of CitiMortgage, Inc., and the denial of Thomas J. Feehan and Michelle Ceuterick-Feehan’s motion to strike. Finds the St. Joseph Circuit Court did not abuse its discretion.

Joseph L. Leszcynski v. State of Indiana (mem. dec.)
03A01-1710-CR-2350
Criminal. Affirms Joseph Leszcynski’s sentence to five years in the Indiana Department of Correction for his conviction of Level 5 felony dealing in a narcotic drug. Finds Leszcynski’s sentence is not inappropriate in light of his offense and character.
 
Gerrod Pointer v. State of Indiana (mem. dec.)
82A01-1706-CR-1461
Criminal. Affirms Gerrod D. Pointer’s conviction of felony murder. Finds the Vanderburgh Circuit Court did not abuse its discretion in denying Pointer’s motion to exclude certain testimony or in refusing to continue the trial.

Stephen A. Via v. State of Indiana (mem. dec.)
89A05-1704-CR-931
Criminal. Affirms Stephen Via’s conviction of felony murder and his 65-year sentence. Finds the state presented sufficient evidence beyond a reasonable doubt to support Via’s conviction. Also finds the Wayne Circuit Court did not abuse its discretion in admitting evidence relating Via’s prior bad acts under Evidence Rule 404(b). Finally, finds Via’s sentence is not inappropriate in light of the nature of the offense and his character.

Duane R. Tackett v. State of Indiana (mem. dec.)
18A05-1707-PC-1593
Post-conviction. Affirms the denial of Duane R. Tackett’s petition for post-conviction relief. Finds Tackett failed to prove the evidence as a whole led unerringly and unmistakably to a conclusion that his trial counsel was ineffective.
 
Jerry Dewayne Decker v. State of Indiana (mem. dec.)
10A01-1707-CR-1612
Criminal. Affirms and reverses in part Jerry Dewayne Decker’s convictions of Level 3 felony attempted aggravated battery, Level 6 felony auto theft, Level 6 felony resisting law enforcement and Class A misdemeanor resisting law enforcement. Finds there was sufficient evidence to support Decker’s aggravated battery and auto theft convictions. Also finds the charging information, the manner in which the jury was instructed, and the state’s closing statement give rise to a reasonable possibility that the jury relied upon the same evidence to convict Decker of aggravated battery and felony and misdemeanor resisting law enforcement. Remands to the Clark Circuit Court with instructions to vacate both resisting law enforcement convictions.

Andre Payne v. State of Indiana (mem. dec.)
71A03-1602-PC-351
Post-conviction. Affirms the denial of Andre Payne’s petition for post-conviction relief. Finds the post-conviction court did not err when it determined Payne failed to offer newly discovered evidence. Also finds Payne’s claim that there was insufficient evidence presented at trial to rebut his self-defense claim is barred by res judicata.

Zachariah Holden v. State of Indiana (mem. dec.)
57A05-1708-CR-2019
Criminal. Affirms the revocation of Zachariah Holden’s previously suspended sentence. Finds the Noble Superior Court did not abuse its discretion in sentencing Holder to the remainder of his previously suspended sentence.

Vassil Markov Marinov v. Fiat Chrysler Automotive (mem. dec.)
79A05-1707-SC-1723
Small claims. Affirms the denial of Vassil Marinov’s motion to correct error challenging the dismissal of his small claims complaint against his employer, Fiat Chrysler Automotive. Finds the small claims court properly dismissed Marinov’s claim for lack of subject matter jurisdiction.

 

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