Opinions March 18, 2019

Keywords Opinions

Indiana Court of Appeals 
Dina Hasten Cohen v. Itamar Cohen

18A-DR-2139
Domestic relation. Affirms the Marion Superior Court’s order dissolving Dina Hasten Cohen’s marriage to Itamar Cohen and the distribution of assets of the marital estate between them. Finds the trial court did not abuse its discretion in failing to include an award of interest in the equalization payments the court ordered Itamar to pay to Dina.

Tito Aguilar Sanabria v. State of Indiana (mem. dec.)
18A-CR-2105
Criminal. Affirms Tito Aguilar Sanabria’s eight-year sentence for his conviction of Level 4 felony dealing in methamphetamine. Finds the Hamilton Superior Court did not abuse its discretion in finding Sanabria’s criminal history to be an aggravating factor. Also finds his sentence is not inappropriate.  

Roger A. Carter v. Jennifer Carter (mem. dec.)
18A-DR-377
Domestic relation. Affirms the Allen Superior Court’s dissolution of Roger Carter’s marriage to Jennifer Carter and its subsequent order denying Roger’s motion to correct error. Finds the trial court did not err in determining what property to include in the marital pot; in valuing several marital assets; in ordering Roger to pay the majority of Jennifer’s attorney’s fees, and; in declining to reduce an equalization payment due to Jennifer by the amount that Roger paid to her in provisional payments while the dissolution was pending. 

Evelyn M. Gregory v. City of South Bend Fire Department (mem. dec.)
18A-CT-2328
Civil tort. Reverses the St. Joseph Superior Court’s order granting the City of South Bend Fire Department’s motion for summary judgment on Evelyn M. Gregory’s negligence claim. Finds a genuine issue of material fact exists, so summary judgment was inappropriate. Judge Elaine Brown dissents with separate opinion. 

Jared Hunt v. State of Indiana (mem. dec.)
18A-CR-1003
Criminal. Affirms Jared Hunt’s convictions for Level 4 felony possession of a narcotic drug and Class B misdemeanor false informing. Finds the Howard Superior Court did not err in denying Hunt’s motion for discharge and did not abuse its discretion in admitting testimony that Hunt gave a false name to the police. Also finds Hunt’s additional claims of evidentiary error are waived and, waiver notwithstanding, harmless. Finally, finds Hunt identified no protectable Fourth Amendment interest in identifying himself to the police as another individual. 

Devin Ray Warren v. State of Indiana (mem. dec.)
18A-CR-1976
Criminal. Affirms Devin Ray Warren’s conviction for two counts of Level 3 felony armed robbery, one count of Level 5 felony robbery and one count of Class A misdemeanor theft. Finds the Marion Superior Court did not err in accepting a waiver of the right to counsel. Also finds Warren has not identified reversible error with regard to his cross-examination of Detective Paul Buchman, and any error was harmless beyond a reasonable doubt. Finally, finds there is sufficient evidence to support the theft conviction. 

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