Opinions Oct. 16, 2018

Keywords Opinions

Indiana Court of Appeals 
Steven Bethel v. State of Indiana

Post-conviction. Affirms the St. Joseph Superior Court’s denial of Steven Bethel’s successive petition for post-conviction relief. Finds that although Bethel’s trial counsel ultimately used an unsuccessful defense strategy, his counsel was not “constitutionally ineffective.” Also finds that challenging the show-up identifications would not have been a stronger or more effective strategy than what was previously chosen by Bethel’s counsel.  

Berkshire Hathaway Homestate Insurance Company v. Christina Basham d/b/a Basham Family, L.P.; Voldico, LLC, Andrew Vollmer, Standard Agencies, Inc., and Carol J. Jenkinson 
Civil plenary. Affirms the Madison Circuit Court’s denial of Berkshire Hathaway Homestate Insurance Company’s motion for partial summary judgment and the grant of summary judgment for Christina Basham on Basham’s complaint alleging Berkshire Hathaway wrongfully denied insurance coverage on a detached garage. Finds the detached garage was covered by the insurance policy. 

Johnny Rivers v. State of Indiana (mem. dec.) 
Criminal. Affirms Johnny Rivers’ convictions for Level 6 felony possession of a narcotic drug and Class A misdemeanor driving while suspended.  Finds there is sufficient evidence to support the Marion Superior Court’s finding that he constructively possessed heroin.


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