Opinions Jan. 10, 2019

January 10, 2019

Indiana Court of Appeals
State of Indiana v. Michael Dwayne Bouye

Criminal. Reverses the Marion Superior Court’s grant of Michael Bouye’s motion to suppress, finding there was reasonable suspicion for the police officer to pull over the car he was driving. Notes that despite the trial court’s statements, the officer had no obligation to conduct further license plate checks. Remands for further proceedings.

Jeffery C. Sharp v. Shiela D. Scott (f/k/a Shiela D. Sharp) (mem. dec.)
Domestic relations. Affirms the Jasper Circuit Court’s denial of Jeffery Sharp’s motion for a change of judge. Finds Sharp is not entitled to a change of judge under Trial Rule 76(B).

Chealyn Colley v. State of Indiana (mem. dec.)
Criminal. Affirms the Ripley Superior Court’s revocation of Chealyn Colley’s probation and order for her to serve 730 days of her previously suspended sentence. Finds the trial court did not abuse its discretion.

Brandon T. Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Brandon Smith’s conviction for Level 3 felony possession of a narcotic drug and his adjudication as a habitual offender. Finds the Marion Superior Court did not err when it admitted into evidence items seized pursuant to an allegedly stale search warrant, nor when it admitted into evidence his statement to police. Also finds the trial court did not abuse its discretion.

Lafayette Jordan and Mecca Abdullah-Jordan v. First Vehicle Services, Inc., and MC Equipment, Inc., d/b/a W.A. Jones & Son (mem. dec.)
Civil tort. Reverses and remands the Allen Superior Court’s order granting summary judgment in favor of MC Equipment Inc. Finds there is a genuine issue of material fact rendering summary judgment in favor of W.A. Jones improper.

Dallas Preston v. State of Indiana (mem. dec.)
Criminal. Affirms Dallas Preston’s 11-year sentence for conviction of Level 3 felony aggravated battery. Finds the Laporte Circuit Court did not err by declining to find two proffered mitigating factors.

Kent Taderro Bailey, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Kent Bailey Jr.’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor resisting law enforcement and Class B misdemeanor possession of marijuana. Finds the state presented sufficient evidence to enable a reasonable fact-finder to conclude that Bailey knew of the nature and presence of the firearm. Finds it also demonstrated probable cause to support a search warrant for Bailey’s residence.