Opinions Dec. 29, 2022

Keywords Opinions

Court of Appeals of Indiana
John S. Wagner and Sharon G. Wagner v. United Farm Family Mutual Insurance Company (mem. dec.)
22A-PL-1419
Civil plenary. Affirms the entry of summary judgment in favor of United Farm Family Mutual Insurance Company on John and Sharon Wagner’s complaint for wrongful denial of coverage. Finds the Carroll Circuit Court did not err in ruling that the Wagners’ policy does not cover their mold-related loss.

Timon R. Swift v. State of Indiana (mem. dec.)
22A-CR-1602
Criminal. Affirms the revocation of Timon R. Swift’s placement in the Allen Superior ReEntry Court Program and his placement in probation after he violated the terms and conditions of both. Finds the evidence is sufficient to support the Allen Superior Court’s finding that Swift violated the terms and conditions. Also finds the trial court did not abuse its discretion when it ordered Swift to serve the balance of his sentence in the Department of Correction.

Richard D. Jackson v. State of Indiana (mem. dec.)
22A-CR-1828
Criminal. Affirms the order finding that Richard Jackson violated the terms of his probation and imposing 15 months of his previously suspended sentence. Finds the state presented sufficient evidence to support the Fayette Circuit Court’s finding that Jackson violated the terms of his probation. Also finds the trial court did not abuse its discretion by imposing Jackson’s previously suspended sentence.

Tyrrice L. Degraffenreid v. State of Indiana (mem. dec.)
22A-CR-1812
Criminal. Affirms the revocation of Tyrrice Degraffenreid’s probation and the order that he serve the remainder of his sentence, about two years, in prison. Finds the Bartholomew Circuit Court did not abuse its discretion.

Joshua L. Harter v. State of Indiana (mem. dec.)
22A-CR-1318
Criminal. Affirms Joshua L. Harter’s conviction of Class A misdemeanor battery. Finds surveillance video of the incident does not prove that Harter was acting in self-defense.

Kyle Anthony Gray v. State of Indiana (mem. dec.)
22A-CR-456
Criminal. Affirms and reverses in part Kyle Anthony Gray’s convictions of murder, murder while committing arson and two counts of arson. Finds the Lake Superior Court did not abuse its discretion when it declined to instruct the jury on reckless homicide or criminal mischief. Also finds the trial court erred when it entered judgment of conviction on all four counts but “merged” two of the convictions at sentencing and sentenced Gray only for murder and Level 4 felony arson. Finally, finds double jeopardy concerns required that Gray’s convictions for murder while committing arson and Level 2 felony arson be vacated and, thus, remands for those convictions to be vacated.

Keith Lee Jabaay v. State of Indiana (mem. dec.)
22A-CR-1590
Criminal. Affirms Keith Jabaay’s sentence to five years in the Department of Correction. Finds Jabaay’s sentence is not inappropriate in light of the nature of the offense and his character.

In the Matter of the Termination of the Parent-Child Relationship of K.C. (Minor Child); A.I. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-1717
Juvenile termination of parental rights. Affirms the termination of mother A.I.’s parental rights to Ki.C. Finds the Monroe Circuit Court did not clearly err.

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