Opinions April 3, 2023

Court of Appeals of Indiana
Montgomery Scott Turner and Morgan Mitchell v. Roxanna Knowles
Eviction. Reverses the Lawrence Superior Court’s judgment for Roxanna Knowles, a landlord. Finds Montgomery Turner and Morgan Mitchell have established prima facie error in the trial court’s determination. Remands with instructions to vacate an award of damages for Knowles and order Knowles to return a security deposit. Also remands with instruction to determine the tenants’ reasonable fees and costs.

Keesha R. Johnson v. State of Indiana
Criminal. Grants rehearing to clarify the court’s previous opinion and expressly apply the harmless error analyses described in Koenig v. State, 933 N.E.2d 1271 (Ind. 2010) and Torres v. State, 673 N.E.2d 472 (Ind. 1996). Reaffirms the conclusion that federal and state constitutional errors in Keesha Johnson’s case were harmless beyond a reasonable doubt. 

Xavier Walker v. State of Indiana (mem. dec.)
Criminal. Affirms Xavier Walker’s convictions for felony murder, Level 5 felony attempted robbery, Level 6 felony criminal recklessness and Class A misdemeanor resisting law enforcement. Finds the Allen Superior Court did not abuse its discretion or commit fundamental error in admitting evidence. Also finds the trial court did not clearly err in denying Walker’s Batson claim. Finally, finds the state presented sufficient evidence to support Walker’s felony murder conviction, and his claim regarding inconsistent verdicts is not available for appellate review.

Peter J. Bakas v. Katherine Radinovic (mem. dec.)
Estate, miscellaneous. Grants rehearing to clarify that the appellate court affirms the Lake Circuit Court’s judgment without remanding for a new trial based on Trial Rule 59(J). Finds Peter Bakas has failed to show that affirming the trial court’s decision without ordering a new trial is impracticable, unfair or otherwise improper.

Glenn Robinson III v. Kelsey Childers (mem. dec.)
Juvenile paternity. Affirms the Hamilton Superior Court’s modification of father Glenn Robinson III’s child support without applying it retroactively, finding that joint legal custody was not in his daughter’s best interests and order for Robinson to pay some of mother Kelsey Childers’ attorney fees. Finds the court did not abuse its discretion.

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