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Opinions July 20, 2018

July 20, 2018

Indiana Court of Appeals
City of Indianapolis v. Bradley T. Maynard (mem. dec.)

49A02-1710-MI-2300
Miscellaneous. Reverses the Marion Superior Court’s entry of default judgment in favor of Bradley Maynard in his action for judicial review from an administrative decision upholding his citation for violating a parking ordinance. Finds Maynard’s action was untimely because he did not tender a summons upon the clerk within the limitations period. Also finds that because Maynard never served a summons when he petitioned for judicial review, the default judgment entered against the City of Indianapolis is void for lack of personal jurisdiction. Remands with instructions for the trial court to vacate its judgment and reinstate the County Board of Ordinance Violation’s decision.

Marzono R. Shelly v. State of Indiana (mem. dec.)
46A03-1702-PC-274
Post-conviction. Affirms the LaPorte Circuit Courts denial of Marzono Shelly’s petition for post-conviction relief. Finds Shelly failed to raise any issues available for post-conviction review. Also finds the post-conviction court did not err in its decision. 

Dennis E. Brewer v. State of Indiana (mem. dec.)
15A01-1709-CR-2181
 Criminal. Affirms Dennis Brewer’s aggregate 16-year sentence, with 12 years executed in the Department of Correction and four years suspended to probation, for Class B felony attempted child molesting and Class B felony child molesting. Finds the Dearborn Circuit Court did not abuse its discretion when it sentenced Brewer to serve his Indiana term consecutive to an eight-year term in Ohio. Also finds the sentence was not inappropriate in light of the nature of the offense and his character.

Brian J. Offringa v. State of Indiana (mem. dec.)
18A-CR-316
Criminal. Affirms Brian Offringa’s conviction for Class D felony strangulation. Finds the Delaware Circuit Court did not abuse its discretion in the admission of evidence from a police officers pen camera.  

Stephen Anthony Byrd v. State of Indiana (mem. dec.)
71A05-1710-CR-2288
Criminal. Affirms Stephen Byrd’s conviction for attempted murder and burglary, both as Level 1 felonies. Finds the St. Joseph Superior Court did not abuse its discretion when it admitted into evidence video recordings police officers found on Byrd’s cell phone. Also finds there was sufficient evidence to support the convictions. Finally, finds Byrd’s convictions do not violate double jeopardy principles.

Bryan Joseph Benway v. State of Indiana (mem.dec.)
18A-CR-66
Criminal. Affirms Bryan Benway’s conviction for Class A misdemeanor domestic battery and Class B misdemeanor battery. Finds the state rebutted Benway’s claim that he acted in self-defense.  

Jeffrey K. Johnson v. State of Indiana (mem. dec.)
84A01-1703-PC-491
Post-conviction. Affirms the Vigo Superior Court’s denial of Jeffrey Johnson’s petition for post-conviction relief. Finds the post-conviction court did not commit reversible error in misstating the law regarding the propriety of instructing the jury on the lesser-included offense of voluntary manslaughter. Also finds the trial court did not err by failing to specifically address all 53 claims Johnson argues he presented. 
 

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