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.
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
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.)
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.)
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.)
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.)
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.)
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.)
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.