Opinions June 20, 2019

Keywords Opinions

Indiana Court of Appeals
James E. Martin, Jr. v. State of Indiana

18A-CR-2726
Criminal. Affirms the Vanderburgh Circuit Court’s issuance of a restitution order in the amount of $2,000 after James Martin Jr. pleaded guilty to Level 6 felony auto theft. Finds the restitution order is within the range of evidence presented as to the stolen vehicle’s pre-theft value and that there is sufficient evidence to support the order.

Reese Levi Keith v. State of Indiana
18A-CR-1961
Criminal. Affirms in part, reverses in part, remands with instructions Reese Keith’s aggregate 62-year sentence for conviction of Level 1 felony burglary of a dwelling resulting in serious bodily injury; two counts of Level 3 felony robbery while armed with a deadly weapon; two counts of Level 3 felony criminal confinement while armed with a deadly weapon; Level 6 felony auto theft and his adjudication as a habitual offender. Finds the evidence did not support the Johnson Superior Court’s finding that Keith inflicted serious bodily injury on then-90-year-old Clayton Dixon. Finds, among other things, that Keith’s convictions are not barred by the continuous crime doctrine. However, finds the trial court must attach the habitual offender enhancement to one of Keith’s felony convictions upon resentencing and must correct the abstract of judgment to reflect that his second robbery conviction included a deadly weapon. Remands for entry of Keith’s burglary conviction as a Level 3 felony and for resentencing.

Brenda White v. American Family Mutual Insurance Company (mem. dec.)
18A-CT-2874
Civil tort. Affirms the Marion Superior Court’s dismissal of Brenda White’s renewed complaint against American Family Mutual Insurance Company. Finds White’s 2018 action against American Family is barred by res judicata, as the same claims between the same parties were litigated to a final conclusion on the merits in her 2012 action. Finds the trial court properly dismissed the complaint.

Bonnie Hanning v. State of Indiana (mem. dec.)
18A-CR-3093
Criminal. Affirms the denial of Bonnie Hanning’s motion to suppress evidence of photos taken on her property for suspected animal cruelty. Finds no error in the denial of her motion to suppress.

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