Indiana Court of Appeals
Carmel Board of Zoning Appeals, and Al-Salam Foundation, Inc. v. David Bidgood, Sheila M. Graves, Salvatore Papalardo, David J. Reeves, and Angelo R. Stanco
Miscellaneous. Reverses the Hamilton Superior Court’s denial of the Carmel Board of Zoning Appeals and Al-Salam Foundation’s motion to dismiss David Bidgood, Sheila M. Graves, Salvatore Papalardo, David J. Reeves, and Angelo R. Stanco’s petition for judicial review of the board’s grant a special use zoning permit to the foundation. Finds the remonstrators failed to timely file the board record or request an extension of time for filing pursuant to Indiana Code section 36-7-4-1600.
Thomas Holiday v. State of Indiana (mem. dec.)
Criminal. Finds the Blackford Superior Court abused its discretion in ordering Thomas Holiday to pay Bruce Hall $1,295.44. Remands for a new restitution hearing permitting the presentation of additional evidence of Hall’s actual loss.
Antoine A. Jefferson v. State of Indiana (mem. dec.)
Criminal. Affirms Antoine Jefferson’s murder conviction. Finds the St. Joseph Superior Court did not abuse its discretion in rejecting Jefferson’s proposed jury instructions regarding alleged lesser included offenses.
L.D. v. State of Indiana (mem. dec.)
Juvenile. Affirms the adjudication of L.D. as delinquent for committing acts that constitute dangerous possession of a firearm and the juvenile court’s dispositional order awarding wardship of him to the Department of Correction for housing in any correctional facility for children. Finds there is sufficient evidence to support the adjudication.
Christopher Lozier v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Lozier’s conviction of felony murder and Class B felony conspiracy to commit robbery. Finds his aggregate 70-year sentence is not inappropriate in light of the nature of the offense and his character. Finds Blakely v. Washington does not retroactively apply.
David Joe Bott v. State of Indiana (mem. dec.)
Criminal. Affirms David Bott’s nine-year sentence for his conviction of Class C felony robbery and Class A misdemeanor resisting law enforcement. Finds his sentence is not inappropriate and that no error was committed.
Onorio Caballero-Ramirez v. State of Indiana (mem. dec.)
Criminal. Affirms Onorio Caballero-Ramirez’s conviction of Level 6 felony battery. Finds there is sufficient evidence to rebut his self-defense claim.
Matthew A. Zook v. State of Indiana (mem. dec.)
Criminal. Affirms Matthew Zook’s 20-year sentence for conviction of Level 2 felony dealing in a narcotic drug. Finds the Bartholomew Circuit Court did not err by failing to consider his guilty plea to be a mitigating factor.
I.T. v. State of Indiana (mem. dec.)
Juvenile. Affirms the Allen Superior Court’s finding of I.T. as a delinquent child for committing an offense that would have been Level 3 felony child molesting had it been committed by an adult. Finds there is sufficient evidence to support the finding.
Martin Morales v. State of Indiana (mem. dec.)
Criminal. Affirms Martin Morales’ conviction of Level 3 and Level 5 felony counts of dealing in methamphetamine. Finds there is sufficient evidence to support Morales’ conviction on both counts.
J.S. v. State of Indiana (mem. dec.)
Post conviction. Affirms the Delaware Circuit Court’s order denying J.S.’s petition for post-conviction relief. Finds the trial court did not erroneously determine he did not receive ineffective assistance of appellate counsel. Also finds he is not entitled to relief on direct appeal.
Lyle Friend v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Lyle Friend’s probation after he tested positive to meth five times in the first seven months of his probation. Finds the Ripley Circuit Court did not abuse its discretion.
Joshua J. Farris v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Farris’ felony murder conviction. Finds there is sufficient evidence to sustain the conviction.