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Opinions May 4, 2018

May 4, 2018

Indiana Court of Appeals
Andre Taylor, a/k/a Robert Davidson v. State of Indiana

49A04-1708-CR-1930
Criminal. Affirms Andre Taylor, a.k.a. Robert Davidson’s, convictions of Level 2 felony burglary and Level 3 felony armed robbery, as well as the finding that he is a habitual offender. Reverses Taylor’s two Level 3 felony criminal confinement convictions due to double jeopardy violations. Finds the Marion Superior Court properly allowed Detective Grant Melton to testify about evidence he recovered from Taylor’s phone by using the “chip-off’ forensic technique. Also finds Taylor’s convictions of burglary and armed robbery do not violate double jeopardy principles. Remands for the trial court to vacate Taylor’s criminal confinement convictions.

Allan Moore v. State of Indiana
49A02-1708-CR-1712
Criminal. Affirms the revocation of Allan Moore’s probation and the order for him to serve his suspended sentence. Finds Moore cannot demonstrate his probation was revoked in a manner that violated Indiana Code section 35-38-2-3 or his right to due process.

Michael Nettleton v. State of Indiana (mem. dec.)
29A02-1710-CR-2308
Criminal. Affirms Michael Nettleton’s aggregate nine-year executed sentence imposed after the Hamilton Superior Court revoked his placement in community corrections. Finds the trial court did not abuse its discretion in refusing to recommend Nettleton’s placement in the Department of Correction’s Purposeful Incarceration program after revoking his community corrections placement.

Brian Bassett v. State of Indiana (mem. dec.)
49A02-1710-CR-2212
Criminal. Affirms Brian Bassett’s conviction of Class B misdemeanor public intoxication. Finds the state presented sufficient evidence Bassett was intoxicated in a public space and alarmed another person.

S.T. v. K.D. (mem. dec.)
12A05-1710-PO-2356
Protective order. Affirms the grant of a protective order to K.D. and against S.T. Finds S.T.’s failure to object at trial to the quashing of her subpoena or the striking of her motion to produce evidence, along with her failure to provide an offer of proof about what evidence would have been produced, renders those evidentiary issues unavailable for appeal. Also finds K.D. presented sufficient evidence to prove S.T. stalked her.
 
Phillip Evans v. State of Indiana (mem. dec.)
84A01-1709-CR-2116
Criminal. Affirms Phillip A. Evans’ 60-year sentence for his murder conviction. Finds Evans’ sentence is not inappropriate.

 

 

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