Opinions Dec. 28, 2023

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Court of Appeals of Indiana
Matthew A. Disbro v. City of Bedford (mem. dec.)
23A-PL-1454
Civil plenary. Affirms the Lawrence Circuit Court’s grant of the city of Bedford’s motion to dismiss a complaint filed by Matthew Disbro. Finds the trial court did not err when it dismissed Disbro’s complaint because he did not substantially comply with the Indiana Torts Claim Act, he failed to meet his burden on appeal to demonstrate that his public nuisance claim does not fall under the ITCA, and he failed to preserve any claim regarding the takings clause.

Thomas DeCola v. State of Indiana Department of Natural Resources, Starke County Commissioners and Auditor thereof, The World et al. Unknown (assigns, heirs, agents etc. thereof) (mem. dec.)
23A-PL-1926
Civil plenary. Affirms the Starke Circuit Court’s dismissal of Thomas DeCola’s lawsuit to quite title to a parcel of land her purportedly owned. Finds DeCola’s claims are unmeritorious or waived.

Har San v. State of Indiana (mem. dec.)
23A-CR-784
Criminal. Affirms Har San’s conviction of murder. Finds the Allen Superior Court did not err in denying his motions pursuant to Indiana Criminal Rules 4(A) and (B). Also finds evidence of probative value exists from which a trier of fact could have found San guilty beyond a reasonable doubt of murder.

Marcus J. Johnson v. State of Indiana (mem. dec.)
23A-CR-1548
Criminal. Affirms the Hamilton Superior Court’s order revoking Marcus Johnson’s direct placement on community corrections and the balance of his previously suspended sentence. Finds the trial court did not abuse its discretion when it revoked Johnson’s probation after he violated the terms of his community corrections placement.

Teddy Albert Allman v. State of Indiana (mem. dec.)
23A-CR-75
Criminal. Affirms Teddy Albert Allman’s convictions of Level 1 felony rape, Level 3 felony criminal confinement and Level 5 felony intimidation, and his 35-year sentence. Finds the Bartholomew Circuit Court did not abuse its discretion by denying Allman’s motion to dismiss based on the loss of his vehicle or by prohibiting Allman from using a 1997 fraud conviction to impeach T.A. Also finds T.A.’s testimony was not incredibly dubious, so sufficient evidence supported Allman’s convictions. Finally, finds Allman’s sentence is not inappropriate in light of the nature of his offenses and his character.

Robert Lloyd Huss v. State of Indiana (mem. dec.)
23A-CR-709
Criminal. Affirms Robert Lloyd Huss’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 6 felony cocaine possession, Class B misdemeanor marijuana possession, Class C misdemeanor illegal possession of paraphernalia and being a habitual offender. Finds the Huntington Circuit Court did not abuse its discretion in the admission of evidence because Andrews Town Marshal Austin Bullock had probable cause to stop Huss, and the traffic stop did not violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds Huss has failed to establish that the trial court abused its discretion in denying his eve-of-trial continuance motion.

Brandi Elizabeth Leon v. State of Indiana (mem. dec.)
23A-CR-1420
Criminal. Affirms Brandi Elizabeth Leon’s convictions of Level 2 felony dealing in methamphetamine, Level 6 felony unlawful possession of a syringe and Class B misdemeanor possession of marijuana, and her 26-year sentence. Finds Leon’s convictions were supported by sufficient evidence. Also finds her sentence is not inappropriate in light of the nature of her offenses or her character. Finally, finds no double jeopardy violation occurred. Remands for correction of the scrivener’s error in the sentencing order regarding the identity of the Level 3 felony.

Jeremy Level Satisfield v. State of Indiana (mem. dec.)
23A-CR-741
Criminal. Affirms Jeremy Level Satisfield’s convictions of felony murder and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Officer Michael Pflum’s pat-down search of Satisfield did not violate his rights against unreasonable search under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds the Marion Superior Court properly admitted evidence of the firearm discovered pursuant to a pat-down search of Satisfield’s outer clothing.

Joseph D. Hook v. State of Indiana (mem. dec.)
23A-CR-820
Criminal. Dismisses Joseph Hook’s appeal of his sentence for two counts of Level 4 felony child molesting. Finds Hook waived his right to appeal his sentence through the terms of a plea agreement, so he must pursue his claims through post-conviction relief.

In the Matter of the Estate of Fannie Rogers, Deceased Danielle Clinton v. Denisha Robinson, Personal Representative of the Estate of Fannie Rogers (mem. dec.)
23A-ES-1209
Estate. Affirms the Lake Superior Court’s grant of Danisha Robinson’s petition to evict Danielle Clinton from Fannie Rogers’ home. Finds Clinton offered no testimony or documentary evidence at the hearing to support the assertation that she had a right to possession because she paid Rogers for the property.

Joseph Hudson v. Jacqueline Traut (mem. dec.)
23A-MI-1561
Miscellaneous. Affirms the Johnson Superior Court’s order granting maternal grandmother Jacqueline Traut grandparent visitation with Joseph Hudson’s child, L.H. Finds the trial court did not err when it granted Traut’s petition for grandparent visitation.

Marvella Genise Walls v. State of Indiana (mem. dec.)
23A-CR-1581
Criminal. Affirms Marvella Genise Walls’ conviction of Class B misdemeanor battery but reverses her conviction of Class B misdemeanor disorderly conduct. Finds the disorderly conduct conviction violates Indiana Constitution’s prohibition against double jeopardy. Remands for the Marion Superior Court to vacate that conviction.

Michael A. Wilson v. Lippert Components Inc. (mem. dec.)
23A-SC-1788
Small claims. Affirms the Elkhart Superior Court’s entry of judgment in favor of Lippert Components Inc. Finds Michael Wilson’s claims on appeal are not supported by cogent argument and are waived.

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