Opinions Dec. 14, 2022

Keywords Opinions

Court of Appeals of Indiana
Kevin D. Albertson and Pamela L. Albertson v. Richard Cadwell and Lisa Cadwell
Civil plenary. Affirms partial summary judgment awarded to Richard and Lisa Cadwell on Kevin and Pamela Alberton’s complaint for declaratory judgment seeking an easement of necessity on the Cadwells’ real property. Finds that because the parties agreed at the time of the conveyance of the new parcel that the Albertsons would not have an easement across the Cadwell property, the Albertsons’ claim to such an easement now fails as a matter of law. Also finds the Hendricks Circuit Corut did not err when it entered partial summary judgment for the Cadwells on the Albertsons’ alleged easement of necessity.

Anthony C. Martin v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Anthony C. Martin’s request for change of judge, requests for an evidentiary hearing and related subpoenas, and the denial of his petition for post-conviction relief. Finds the post-conviction court did not err in denying Martin’s requests or abuse its discretion in denying his petition.

Terrance Ballard v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Terrance Ballard’s probation and the order that he serve five years in community corrections. Finds the Vermillion Circuit Court did not abuse its discretion.

Holly Jane Ann Hurt v. State of Indiana (mem. dec.)
Criminal. Affirms Holly Jane Ann Hurt’s convictions of Level 6 felony battery against a public safety official and Class A misdemeanor resisting law enforcement. Finds Hurt’s convictions do not violate the principles of substantive double jeopardy.

Charles Fields v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Fields’ convictions of three counts of Level 2 felony dealing methamphetamine and one count of Level 3 felony dealing a narcotic drug. Finds the Marion Superior Court did not err in the admission of evidence. Also finds sufficient evidence supports the convictions.

In re: the Supervised Estate of Daniel Robinson, Tracy Robinson v. Ralph Robinson, et al. (mem. dec.)
Estate, supervised. Affirms the order disqualifying Tracy Robinson from serving as personal representative of the estate of Daniel Robinson and appointing a neutral third party. Finds the Elkhart Superior Court’s order is not void for lack of subject-matter jurisdiction, and it had jurisdiction over the question of whether to appoint a successor personal representative. Also finds that the record shows the trial court conducted multiple hearings in the case, and the parties were aware that the question of who would serve as personal representative and whether Tracy had misappropriated estate assets was before the court during those hearings.

Kimberly Ann Haddix v. State of Indiana (mem. dec.)
Criminal. Remands Kimberly Ann Haddix’s sentence for her convictions of Class A misdemeanor domestic battery and Class A misdemeanor battery. Finds a conflict between the Marion Superior Court’s oral and written sentencing statements as to Haddix’s sentence on Count 2, battery, requires remand for resentencing.

Sharonda Barnhill-Lacey v. State of Indiana (mem. dec.)
Criminal. Affirms Sharonda Vontinette Barnhill-Lacey’s conviction of prostitution as a Class A misdemeanor. Finds the evidence was sufficient to support the conviction.

Karen Goodwin, as the Personal Representative of the Estates of Darlene and Danny Keller v. Michael Toney, D.C. (mem. dec.)
Civil plenary. Affirms the entry of summary judgment for Michael Toney, D.C., on Karen Goodwin’s complaint alleging negligence. Finds the Vigo Superior Court properly struck Anthony Hillebrand’s affidavit. Also finds the trial court properly entered summary judgment for Toney.

Tori M. Teusch v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Tori M. Teusch’s suspended sentence. Finds the Huntington Circuit Court did not impose its discretion in order Teusch to serve three years of her previously suspended sentence in the Indiana Department of Correction as a sanction.

David Daffron v. State of Indiana (mem. dec.)
Criminal. Affirms the order for David Daffron to serve the balance of his previously suspended sentence in the Department of Correction after his probation was revoked. Finds the Henry Circuit Court did not abuse its discretion.

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