Opinions March 14, 2019

Keywords Opinions

Indiana Court of Appeals
Melba Polk-King v. Discover Bank

Small claims. Reverses the reinstatement of Discover Bank’s small claims action against Melba Polk-King, which was dismissed for failure to prosecute. Finds the small claims court abused its discretion by granting Discover’s motion and reinstating the action against Polk-King three years after the complaint had been filed and two years after the matter had been sent to arbitration. Remands for the court to vacate its confirmation of a subsequent arbitration award and dismiss the case with prejudice.

Steven A. Wright v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Steven A. Wright’s petition for post-conviction relief. Finds Wright did not receive ineffective assistance of trial or appellate counsel.
Russell R. Rossman v. State of Indiana (mem. dec.)
Criminal. Affirms Russel R. Rossman’s aggregate 2½-year sentence for his convictions of two counts of Level 6 felony theft. Finds Rossman’s sentence is not inappropriate.

Tracy Allen Perry v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Tracy Perry’s home detention and the order that he serve the balance of his four-year sentence in the Indiana Department of Correction. Finds the Marion Superior Court did not abuse its discretion.
In the Matter of M.R. and T.L. (Children in Need or Services) A.R. Mother v. The Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of A.R.’s children, M.R. and T.L., as children in need of services. Finds the CHINS adjudication Is not clearly erroneous.

Jaquisha Love v. State of Indiana (mem. dec.)
Criminal. Affirms Jaquisha Love’s convictions of murder, attempted murder, armed robbery and carrying a handgun without a license and her aggregate 130-year sentence in the Indiana Department of Correction. Finds there is sufficient evidence to support Love’s attempted murder convictions. Also finds Love’s sentence is not inappropriate in light of her character and the nature of the offenses.

Brooke D. Shelton v. State of Indiana (mem. dec.)
Criminal. Affirms Brooke Shelton’s 16-year sentence, with 13 years served and three years suspended to probation, for her conviction of Level 3 felony aggravated battery. Finds Shelton’s sentence is not inappropriate in light of the nature of the offense and her character.

Shawn Raymond Ault v. State of Indiana (mem. dec.)
Criminal. Affirms Shawn Raymond Ault’s conviction of Level 5 felony carrying a handgun without a license. Finds there was sufficient evidence from which the trier of fact could reasonably have inferred that Ault was in possession of the handgun.

Mohamed M. Dadouch v. State of Indiana (mem. dec.)
Criminal. Affirms Mohamed Dadouch’s conviction of Class A misdemeanor domestic battery after a bench trial. Finds Dadouch validly waived his right to be tried by a jury. Also finds the state produced sufficient evidence to sustain Dadouch’s conviction.

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