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Lori Barcroft v. State of Indiana
18S-CR-135
Criminal. Affirms Lori Barcroft’s conviction of guilty but mentally ill in the murder of Jaman Iseminger. Finds that evidence of Barcroft’s demeanor, taken together with the flaws in the expert opinion testimony and the absence of a well-documented history of mental illness, was sufficient to support an inference of sanity. Also finds that a factfinder may discredit expert testimony and rely instead on other probative evidence from which to infer a defendant’s sanity. Justice Christopher Goff dissents with separate opinion, which Justice Geoffrey Slaughter joins.
Indiana Court of Appeals
Cindy K. Marsh v. Town of Dayton, Indiana
18A-MI-50
Miscellaneous. Affirms the Tippecanoe Circuit Court’s dismissal of Cindy Marsh’s complaint for declaratory judgment against the town of Dayton, Indiana. Finds the trial court did not err in its dismissal of Marsh’s complaint as motioned by the Town. However, disagrees with the Town’s contention that Marsh’s appeal must be dismissed because she failed to timely file a motion to compel.
Sebastian Durstock v. State of Indiana
15A01-1711-CR-2718
Criminal. Affirms Sebastian Durstock’s 17½ -year sentence for conviction of Level 2 felony dealing in a narcotic drug. Finds a pat down search was not improper and did not violate Durstock’s Fourth Amendment rights. Finds there is sufficient evidence to support the Dearborn Circuit Court conviction.
Arnold Shepherd and Carolyn Shepherd v. Robert J. Carpenter and KLLM, Inc. (mem. dec.)
18A-CT-1233
Civil tort. Affirms the Kosciusko Superior Court’s grant of summary judgment to Robert J. Carpenter and KLLM, Inc. on Arnold Shepherd’s suit against them. Finds the defendants are entitled to summary judgment as a matter of law because no genuine issues of material fact remained.
J.K. v. State of Indiana (mem. dec.)
18A-JV-1702
Juvenile. Affirms minor J.K.’s adjudication as a delinquent for what would be Level 6 felony intimidation if committed by an adult after writing a threatening letter to his teacher. Finds the juvenile court had sufficient evidence to adjudicate J.K. Finds the in Hamilton Superior juvenile court did not abuse its discretion in committing J.K. to the Department of Correction for 90 days.
Andre Laughlin v. State of Indiana (mem. dec.)
18A-CR-1139
Criminal. Affirms Andre Laughlin’s conviction of Level 3 felony possession of a narcotic drug and Level 5 felony possession of cocaine. Finds there is sufficient evidence to prove Laughlin possessed illegal drugs and a firearm at the time of the offenses.
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