`

Opinions June 14, 2018

June 14, 2018

Indiana Court of Appeals
James T. Horejs, James Harris, and Robert Horejs, as Co-Administrators of the Estate of Laura A. Shaner, Deceased v. Albert Milford, D.O., St. Margaret Mercy Healthcare Centers, Inc., et al.

45A03-1709-CT-2173
Civil Tort. Affirms the trial court’s grant of the providers’ motion for partial summary judgment. Finds Laura Shaner’s estate has no heirs to receive survivor damages under the wrongful-death statute following the death of David, her husband. Concludes survivor damages passed on to the state are contrary to the wrongful-death statute.

Christopher J. Miller v. State of Indiana
18A-CR-85
Criminal. Affirms Christopher Miller’s six-year sentence for conviction of Level 5 felony domestic battery resulting in serious bodily injury. Finds Miller’s arguments for entitlement to be recommended for a program fail as it is not an issue subject to the court’s review.

Tenaya Lee v. State of Indiana (mem. dec.)
18A-CR-64
Criminal. Affirms Tenaya Lee’s conviction of Class A misdemeanor criminal mischief for acts of vandalism. Finds the evidence sufficient to support the conviction.

Anthony W. Shepard v. State of Indiana (mem. dec.)
33A01-1611-PC-2716
Post Conviction. Grants the petition for rehearing to clarify what is required on remand. Affirms opinion in all respects.

Kochelle Stumpf v. State of Indiana (mem. dec.)
32A05-1712-CR-2940
Criminal. Affirms Kochelle Stumpf’s conviction of Level 5 felony battery of 2-year-old E.P. at ABC Childcare. Finds sufficient evidence to support the conviction beyond a reasonable doubt.

Terry W. Rexing v. State of Indiana (mem. dec.)
82A01-1710-PC-2545
Post Conviction. Affirms the denial of Terry Rexing’s petition for post-conviction relief. Finds the post-conviction court did not err in finding Rexing did not receive ineffective assistance of appellate counsel.

Henry Shorter v. State of Indiana (mem. dec.)
20A03-1712-PC-2883
Post Conviction. Affirms the denial of Henry Shorter’s petition for post-conviction relief. Finds Shorter did not receive ineffective assistance of trial counsel.

Archie L. Brown v. State of Indiana (mem. dec.)
45A03-1710-CR-2497
Criminal. Affirms denial of Archie Brown’s petition seeking credit for days spent in pre-trial confinement. Because there is no facial error, Brown’s claim of sentencing error cannot be pursued through his Petition.

 

 

 

ADVERTISEMENT