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Opinions June 25, 2018

June 25, 2018

Indiana Court of Appeals
David Earley and Rhonda Earley v. Edward Jones & Co., LP, Edward Jackson, and Adam Jackson

36A04-1710-PL-2258
Civil plenary. Affirms the Jackson Superior Court’s stay and order compelling arbitration in the Earleys’ action against Edward D. Jones & Co., LP, Edward Jackson and Adam Jackson. Finds the Earleys failed to present contract defenses to invalidate signed agreements. The court finds that arbitration agreements between the parties are enforceable and subject to the Federal Arbitration Act.

Linda Sanders v. Jerad Sanders
18A-DR-326
Domestic relation. Affirms the Marshall Circuit Court’s denial of Linda Sanders’ motion to repudiate her dissolution settlement, to correct error and for relief from judgment. Finds the trial court did not err in failing to find the agreement just and reasonable. Finds the trial court did not err in denying Sanders’ motions.  

Randal Lee Coalter v. State of Indiana (mem. dec.)
62A05-1710-CR-2315
Criminal. Affirms Randal Lee Coalter’s 60-year sentence for conviction of murder. Finds sufficient evidence to support the conviction. The court declined Coalter’s invitation to reweigh the evidence and judge the credibility of witness testimony. The evidence was sufficient to sustain the conviction.

Gary B. Henderson v. State of Indiana (mem. dec.)
30A01-1710-CR-2395
Criminal. Affirms Gary Henderson’s conviction of Class A misdemeanor domestic battery. Finds sufficient evidence to prove Henderson touched his pregnant girlfriend in an angry, insolent, and rude manner. Finds Henderson’s self-defense claim unsuccessful.

Samichael Bradshaw v. State of Indiana (mem. dec.)
18A-CR-39
Criminal. Affirms Samichael Bradshaw’s conviction of Level 6 felony pointing a firearm. Reverses his Class A misdemeanor conviction of resisting law enforcement. Finds the Marion Superior Court did not abuse its discretion in finding a 6-year-old competent to testify. Finds sufficient evidence to support the Level 6 felony conviction. Finds insufficient evidence to support resisting law enforcement conviction.  

Craig Thacker v. State of Indiana (mem. dec.)
55A01-1711-CR-2714
Criminal. Affirms Craig Thacker’s 2½-year sentence for conviction of Level 6 felony escape and Class A misdemeanor theft, as well as being a habitual offender. Finds Thacker’s conviction is not inappropriate in light of the nature of the offense and his character.

Kyle R. Collins v. State of Indiana (mem. dec.)
18A-CR-99
Criminal. Affirms in part, reverses in part, remands for further proceedings. Finds the LaGrange Superior Court did not inquire about Kyle R. Collins’ ability to pay $1,320 restitution as a condition of his probation. Reverses and remands the trial court with instructions to inquire into Collins’ ability to pay.

Michael D. Terry v. State of Indiana (mem. dec.)
15A01-1710-CR-2361
Criminal. Affirms Michael D. Terry’s five-year sentence for conviction of Level 6 felony battery and operating while intoxicated with a prior conviction, and Class A misdemeanor possession of a schedule IV controlled substance. Finds the Dearborn Circuit Court’s imposition of consecutive sentences does not violate Indiana Code. Finds Terry’s conviction is not inappropriate in light of the nature of the offense and his character.

Nathan J. Bledsoe v. State of Indiana (mem. dec.)
17A-CR-3016
Criminal. Affirms Nathan Bledsoe’s conviction of Level 5 felony battery. Finds sufficient evidence to support the conviction. Finds the trial court did not deny Bledsoe effective assistance of counsel.

Lisa A. Miller v. Richard Miller, Individually and as Personal Representative of the Estate of Edward J. Miller, Karen Caldemeyer, Rebecca Schipp, and Clesta Scarborough (mem. dec.)
87A05-1706-EU-1320
Estate, unsupervised. Affirms the Warrick Superior Court’s grant of summary judgment in favor of Richard Miller as personal representative for the estate of the beneficiaries. Finds the trial court did not err in dismissing Lisa A. Miller’s motion for return of nonprobate transfers to the Estate.

 

 

 

 

 

 

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