Opinions Dec. 9, 2022

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Court of Appeals of Indiana
Great West Casualty Company, DTAK, LLC, and Matthew Ehlen v. Founders Insurance Company (mem. dec.)
Civil plenary. Affirms the grant of summary judgment in favor of Founders Insurance Company declaring that Founders is not obligated to provider coverage under an automobile insurance policy procured by Brian K. Gates Jr. Finds Founders is entitled to judgment as a matter of law, and there is no genuine dispute of material fact. Also finds the LaPorte Superior Court did not err in granting summary judgment to Founders and denying summary judgment to Great West Casualty Company, DTAK LLC and Matthew Ehlen.

Raven W. Hathaway v. State of Indiana (mem. dec.)
Criminal. Affirms Raven Hathaway’s conviction of Class A misdemeanor invasion of privacy. Finds the evidence is sufficient to support Hathaway’s conviction.

Daniel Ross Lytle, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms in part Daniel Ross Lytle Jr.’s conviction of Class C misdemeanor operating a vehicle while intoxicated and his 30-day sentence, plus $385 in costs and a $10 fine. Finds the evidence was properly admitted. Also finds Lytle is entitled to know the particulars of the costs assessed against him. Remands for a more detailed sentencing statement.

Daniel Ross Lytle, Jr. v. State of Indiana (mem. dec.)
Criminal. Reverses the order for Daniel Ross Lytle Jr. to pay a $50 public defender fee. Finds the fee was imposed pursuant to Indiana § Code 35-33-7-6, which requires an explicit finding of the defendant’s ability to pay. Also finds the Noble Superior Court expressly found that Lytle had no present ability to pay the fee.

Kristi Marie Dye v. State of Indiana (mem. dec.)
Criminal. Affirms Kristie Marie Dye’s sentence to 24 years, with 22 years executed in the Indiana Department of Correction and two years suspended to probation, for her conviction of Level 4 felony burglary and the finding that she is a habitual offender. Finds Dye has failed to prove that her sentence is inappropriate.

Marlena A. Pohlman v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Marlena A. Pohlman’s probation and community corrections placement. Finds the Vigo Superior Court did not abuse its discretion.

Jerry Wayne Pharis v. Whitley Lorenzi (mem. dec.)
Juvenile paternity. Affirms the order modifying father Jerry Wayne Pharis’ custody of his child with mother Whitley Lorenzi and finding Pharis in contempt for failure to pay child support. Finds the Hamilton Superior Court did not err in modifying custody. Also finds the trial court did not abuse its discretion in finding Pharis in contempt for refusing to pay his share of child A.L.’s gymnastics classes.

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