Opinions Dec. 6, 2023

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Court of Appeals of Indiana
De’Torio Ty Lurentus Berneard Fleming v. State of Indiana (mem. dec.)
22A-CR-2741
Criminal. Affirms De’Torio Ty Lurentus Berneard Fleming’s convictions of felony murder and Level 3 felony armed robbery and his aggregate 64-year sentence. Finds the Madison Circuit Court did not abuse its discretion when it admitted a photograph of Fleming’s hands taken during the trial into evidence. Also finds the trial court did not abuse its discretion when it sentenced Fleming.

Marshall C. Land v. State of Indiana (mem. dec.)
22A-CR-2863
Criminal. Affirms Marshall Land’s convictions for intimidation, possession of drugs and unlawful possession of a gun. Finds law enforcement officers conducted a constitutional search when they retrieved Land’s ping data without a warrant. Also finds the Tippecanoe Superior Court did not abuse its discretion when it admitted evidence of Land’s Facebook account and denied Land’s motion for a mistrial.

Andre George v. State of Indiana (mem. dec.)
23A-CR-397
Criminal. Affirms Andre George’s murder conviction. Finds the challenged search of a purse was constitutionally sound, and the Marion Superior Court did not err.

Sherrie Mitchell v. Christine Buccos (mem. dec.)
23A-SC-1089
Small claims. Affirms the Brown Circuit Court’s judgment in favor of Christine Buccos. Finds Sherrie Mitchell wrote public social media posts falsely accusing Buccos of not paying her property taxes, so therefore the trial court did not clearly err when it entered judgment in favor of Buccos on her defamation claim.

Abigail L. Parkes v. Daniel S. Borter (mem. dec.)
23A-JP-1101
Juvenile paternity. Affirms the Greene Circuit Court’s denial of Abigail Parkes’ rule to show cause motion and the grant of the same motion filed by Daniel Borter. Finds the trial court’s findings and conclusions supported its determinations that Parkes was in contempt and that Borter was not. Also finds the trial court did not abuse its discretion when it ordered Parkes to pay $2,000 of Borter’s attorney fees.

Daivon Jones v. State of Indiana (mem. dec.)
23A-CR-1216
Criminal. Affirms the sanction imposed by the Marion Superior Court following the revocation of Daivon Jones’ probation. Finds the trial court did not abuse its discretion.

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