Opinions Dec. 11, 2023

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Court of Appeals of Indiana
Thomas Owens v. State of Indiana
23A-CR-985
Criminal. Affirms Thomas Owen’s conviction of Level 5 felony battery by means of a deadly weapon. Finds the Marion Superior Court didn’t err in denying Owen’s motion to supplement the record. Also finds the trial court properly instructed the jury on elements of the charge and the state presented sufficient evidence of the victim’s identity and the use of a deadly weapon.

Smart Buy Auto Finance, Inc. v. Dennis Mitchell (mem. dec.)
23A-CT-1146
Civil tort. Affirms the Lake Superior Court’s denial of Smart Buy Auto Finance Inc.’s motion for relief from judgment. Finds the trial court did not abuse its discretion by denying Smart Buy’s motion for relief from judgment.

Brad Hackett and Diane Hackett v. Renn J. Crichlow, M.D., and Orthopedics – Indianapolis Inc. d/b/a OrthoIndy at St. Vincent Indianapolis (mem. dec.)
22A-CT-1594
Civil tort. Affirms the jury verdict in the medical malpractice case. Finds the Marion Superior Court did not err in its exclusion of additional evidence of the BKA, limitation of Brad and Diane Hacketts’ arguments to the jury, or treatment of the panelists’ changed opinions.

Robert Charles Jones v. State of Indiana (mem. dec.)
23A-CR-1757
Criminal. Affirms Robert Jones’s sanction to serve his previously suspended sentence in the Department of Correction. Finds the Hamilton Superior Court did not abuse its discretion by imposing six years of Jones’s previously suspended sentence to be served in the DOC as a sanction for his probation violation.

Keith L. Sanders v. State of Indiana (mem. dec.)
23A-CR-1083
Criminal. Affirms the Lake Superior Court’s judgment to grant petition to remove Keith Sanders from work release and return him to the Department of Correction. Finds there was sufficient evidence to remove Sanders.

Tom Watson v. State of Indiana (mem. dec.)
23A-CR-1191
Criminal. Affirms the revocation of Tom Watson’s probation. Finds the Madison Circuit Court did not abuse its discretion.

Joshua Whitmore v. State of Indiana (mem. dec.)
23A-CR-900
Criminal. Affirms Joshua Whitmore’s convictions for Class A misdemeanor public indecency and Class B misdemeanor public nudity. Finds there was sufficient evidence to support both convictions.

Devonta Deshawn Dorsey v. State of Indiana (mem. dec.)
23A-CR-1381
Criminal. Affirms Davonta Deshawn Dorsey’s conviction for Class A misdemeanor domestic battery. Finds based on the evidence, the Marion Superior Court reasonably concluded Dorsey touched Myra Feagin in a rude, insolent or angry manner.

Angela Sue Hawk v. State of Indiana (mem. dec.)
23A-CR-1553
Criminal. Affirms Angela Hawk’s conviction for Level 6 felony theft. Finds the Shelby Superior Court did not commit fundamental error when it instructed the jury and the state presented sufficient evidence to support the conviction. Also finds Hawk’s sentence is appropriate in light of the nature of the offense and her character.

Matthew Olsen v. State of Indiana (mem. dec.)
23A-PC-1246
Post-conviction relief petition. Affirms the Montgomery Circuit Court’s denial of Matthew Olsen’s petition for post-conviction relief. Finds Olsen has not convinced the appellate court he was subjected to ineffective assistance of trial counsel.

Dawn R. Stoner v. Bill C. Nicely Jr. (mem. dec.)
23A-DN-481
Domestic relations without children. Affirms the valuation of certain assets and the distribution order by the Elkhart Superior Court in the dissolution of marriage between Dawn Stoner and Bill Nicely. Finds no error in either the valuation of assets or the division of the marital estate.

Deamonta McIntyre v. State of Indiana (mem. dec.)
23A-CR-1443
Criminal. Affirms Deamonta McIntyre’s 60-year sentence for felony murder. Finds his sentence is appropriate in light of the nature of the offense and his character.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: C.N. and L.N. (Minor Children) and A.R. f.k.a. A. N. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1542
Juvenile termination of parental rights. Affirms the Floyd Circuit Court’s order terminating A.R.’s parental rights of her minor children C.N. and L.N. Finds evidence supports the trial court’s findings and it did not clearly err when it terminated the mother’s parental rights, nor did it violate her due process rights when it suspended her visits with the children.

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