Opinions April 22, 2019

Keywords Opinions

Indiana Court of Appeals
Janet L. Himsel, Martin Richard Himsel, Robert J. Lannon, Susan M. Lannon v. Samuel Himsel, Cory M. Himsel, Clinton S. Himsel, 4/9 Livestock, LLC, and Co-Alliance, LLP and State of Indiana

18A-PL-645
Civil Plenary. Affirms Hendricks Superior Court’s grant of summary judgment in favor of Samuel T. Himsel, Cory M. Himsel, Clinton S. Himsel, 4/9 Livestock LLC, and Co-Alliance LLP. Rules the plaintiffs’ nuisance and repackaged negligence and trespass claims are barred by Indiana Code section 32-30-6-9, commonly known as the Right to Farm Act. Also finds the plaintiffs’ various claims that the RTFA is unconstitutional are unavailing.

Matthew Q. Baker v. State of Indiana (mem. dec.)
18A-CR-2720
Criminal. Affirms Matthew Baker’s 2½-year sentence for conviction of Level 6 felony criminal confinement. Finds his sentence in Bartholomew Superior Court is not inappropriate in light of the nature of his offense and his character.

Christopher D. McCoy v. State of Indiana (mem. dec.)
18A-CR-2809
Criminal. Affirms Christopher McCoy’s aggregate 20-year sentence for conviction of Class C felony and Level 4 felony child molesting. Finds the Clark Circuit Court’s sentence is not inappropriate in light of the nature of his offense and his character.

Connie Teeple v. Marilyn Mount (mem. dec.)
19A-SC-169
Small claims. Affirms the Allen Superior Court’s entry of judgment against Connie Teeple in her small claims action against Marilyn Mount. Finds because Teeple did not secure a transcript for her appeal, despite both of her arguments being based entirely on alleged occurrences at trial, her claims are waived on appellate review.

Robert Antonio Dunbar v. State of Indiana (mem. dec.)
18A-CR-2355
Criminal. Affirms the Lake Superior Court’s denial of Robert Antonio Dunbar’s appeal of his probation revocation. Finds there is sufficient evidence to support the finding of a probation violation.

Shawn Douglas v. Maurice T. Douglas, Sr. (mem. dec.)
18A-DR-2017
Domestic relation. Affirms the Marion Superior Court’s modification of child custody, parenting time and child support in favor of father Maurice T. Douglas. Finds mother Shawn Douglas’ claims disregard evidence most favorable to the trial court’s judgment and otherwise request the court to reweigh the evidence. Further rejects mother’s arguments that the findings do not support the judgment based on her contention that the evidence does not support the findings.

Corina M. Smith v. State of Indiana (mem. dec.)
18A-CR-2258
Criminal. Affirms Corina Smith’s five-year sentence for conviction of Level 5 felony trafficking with an inmate. Finds the Tippecanoe Superior Court’s sentence is not inappropriate in light of the nature of her offense and her character.

Corina M. Smith v. State of Indiana (mem. dec.)
18A-CR-2214
Criminal. Affirms, reverses and remands in part Corina Smith’s 28-year sentence for conviction of Level 2 felony conspiracy to commit dealing in methamphetamine and for being a habitual offender. Finds Smith’s sentence is not inappropriate. Reverses the imposition of consecutive sentences in the case at hand with her five-year sentence imposed in the separate above trafficking case. Remands to Tippecanoe Superior Court for reconsideration. Judge Robert Altice dissents in part, disagreeing with the majority’s reversal of the imposition of Smith’s consecutive sentences.

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