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Coltin D. Herzog v. State of Indiana
No. 25A-CR-3168
Appeal from the DeKalb Superior Court, Judge Patrick L. Jessup. Coltin Herzog was convicted of voluntary manslaughter after he stabbed Blake Boese during an attempt to recover stolen drugs from minors. The court found sufficient evidence to rebut Herzog’s self-defense claim, noting that Herzog chased Boese and initiated the violence. The appeals court also found that the trial court did not abuse its discretion in identifying mitigating factors, concluding that the aggravating factors outweighed any mitigating evidence presented by Herzog, which included mental health issues. Additionally, Herzog’s 28-year sentence was deemed appropriate given the nature of the offense and his criminal history. Judge Felix authored the opinion, with Chief Judge Tavitas and Judge Bradford concurring. Appellant’s attorney: Justin R. Wall, Wall Legal Services, Huntington. Appellee’s attorney: Office of the Indiana Attorney General.
Indiana Court of Appeals
Akeenen A. Hunt v. State of Indiana
No. 24A-CR-2415
Appeal from the Hancock Circuit Court, Judge Scott Sirk. Affirming the trial court’s decision, the court concluded that Hunt’s 70-day period for trial did not expire before he was brought to court. The court found that Hunt waived his due process claim related to the labeling of charges by not raising it during trial, and sufficient evidence supported his convictions for attempted obstruction of justice. The trial court did not abuse its discretion in sentencing Hunt based on the aggravating circumstances and appropriately imposed consecutive sentences for the offenses. Hunt’s sentence was deemed not inappropriate under appellate standards, reflecting his extensive criminal history and the nature of his current offenses. Judge Felix authored the opinion, with Chief Judge Tavitas and Judge Bradford concurring. Appellant’s attorney: Lisa Johnson, Brownsburg. Appellee’s attorney: Office of the Indiana Attorney General.
Indiana Court of Appeals
Amanda M. Wilson v. Matthew V. Mann
No. 26A-DR-248
Appeal from the Hamilton Circuit Court, Judge Andrew R. Bloch. The court affirms in part and reverses and remands in part the trial court’s decision regarding custody and child support. It finds that Amanda M. Wilson substantially complied with her child support obligations by providing health insurance for their child, thereby reversing the $20,726 arrearage imposed against her. The court also determines that the trial court erred in its child support calculations, ordering recalibration. However, the court affirms the trial court’s denial of Wilson’s motion to modify parenting time, stating it was not an abuse of discretion. Judge Scheele authored the opinion, with Judges May and Pyle concurring. Appellant’s attorney: Melanie K. Riechert, Broyles & Ricafort PC, Indianapolis. Appellee appeared pro se.
7th Circuit Court of Appeals
CSX Transportation Inc. v. Zayo Group LLC
No. 25-1670
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division, Chief Judge James R. Sweeney II. Before Circuit Judges Easterbrook, Pryor and Maldonado. CSX Transportation Inc. appealed a district court ruling that dismissed its claims against Zayo Group LLC for installing fiber optic cables beneath CSX railroad tracks without permission. The district court found that CSX lacked standing to assert claims related to trespass and licensing because its easements did not include the rights asserted. Additionally, some claims were deemed time-barred as they stemmed from installations made outside the statute of limitations. The 7th Circuit panel affirmed the lower court’s judgment, determining that the scope of CSX’s easements under Indiana law did not grant it the rights to exclude Zayo from the air above or ground below the tracks or to charge for cable installations. Judge Pryor authored the opinion. There were no concurrences or dissents.
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