Indiana Court of Appeals
Kenneth N. McFall v. State of Indiana (mem. dec.)
Criminal. Affirms Kenneth McFall’s conviction of Level 3 felony dealing in methamphetamine, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia following a traffic stop. Finds McFall waived any challenge to the admission of evidence officers obtained during the search of his residence despite his continuing objection. Finds the Perry Circuit Court did not abuse its discretion when it did not allow the driver of the vehicle to testify in front of the jury or when it declined to give McFall’s proffered jury instruction.
Jabara Kinchen v. State of Indiana (mem. dec.)
Criminal. Affirms the Marion Superior Court’s revocation of Jabara Kinchen’s placement and order to serve the remainder of his previously suspended sentence. Finds the trial court did not abuse its discretion when it revoked Kinchen’s placement and ordered him to serve the remainder of his executed sentence in the Department of Correction.
Rebekah A. Atkins v. Steven E. Ripstra, Scott Blazey, Arthur C. Nordhoff, Jr., Jacob Wahl, John E. Birk, and Curtis T. Hill, Jr. (mem. dec.)
Miscellaneous. Affirms the Dubois Superior Court’s grant of Steven E. Ripstra, Scott Blazey, Arthur C. Nordhoff, Jr., Jacob Wahl, John E. Birk, and Curtis T. Hill, Jr.’s motion to dismiss Rebekah Atkins’ claims against them for allegedly using her stolen identity in “numerous false and fraudulent lawsuit scams” without her permission or knowledge. Finds the trial court did not err in dismissing the claims pursuant to Trial Rule 12(B)(6).
Ludovic Hall v. State of Indiana (mem. dec.)
Criminal. Affirms Ludovic Hall’s conviction of Class B misdemeanor disorderly conduct. Finds there is sufficient evidence to prove Hall’s convictions.