Opinions June 8, 2018

June 8, 2018

Indiana Court of Appeals
Lockerbie Glove Factory Town Home Owners Association, Inc., Andre B. Lacy, Julia L. Lacy, Elliot J. & Serena Androphy, et al. v. Indianapolis Historic Preservation Commission, and Dan Jacobs

Civil Tort. Affirms judgment of the trial court denial of a petition for judicial review of the Indianapolis Historic Preservation Commission’s certificate of appropriateness to Dan Jacobs for constructing a retail, residential and parking project in the Lockerbie Square Historic District of Indianapolis. Finds the Remonstrators failed to prove that the Commission decision was invalid due to bias.

Connie D. Richey v. State of Indiana (mem. dec.)
Criminal. Reverses Connie Richey’s aggregate six-year sentence for conviction of Level 5 felony dealing in a narcotic drug and Level 6 felony dealing in a substance represented to be a controlled substance.  Remands for resentencing, concluding the nature of Richey’s crimes rendered the imposition of consecutive sentences inappropriate.

Mon Htaw v. State of Indiana (mem. dec.)
Criminal. Affirms Mon Htaw conviction of class A misdemeanor battery after a bench trial. The court declines Htaw’s invitation to reweigh evidence and judge the credibility of witness testimony.

Denise Hoskins v. State of Indiana (mem. dec.)
Criminal. Affirms Denise Hoskins’ 15-year sentence for conviction of Level 3 felony attempted robbery after a jury trial. Finds evidence showed that Hoskins used force in an unsuccessful attempt to elude a J.C. Penney’s loss prevention officer. The force was therefore a part of the attempted robbery, and the evidence was sufficient to affirm the conviction.