Opinions Feb. 10, 2022

Court of Appeals of Indiana
Jeffery L. Weaver, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Jeffery L. Weaver Jr.’s convictions of dealing in methamphetamine and possession of a narcotic drug. Finds the pat down and detention of Weaver did not violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution, so the Jay Circuit Court did not err in admitting the challenged evidence.

Corey Adam Ray v. State of Indiana (mem. dec.)
Criminal. Affirms Corey Adam Ray’s sentence to an aggregate of four years in the Indiana Department of Correction for his convictions of Level 6 strangulation, Class A misdemeanor domestic battery and being a habitual offender. Finds Ray has not shown that his sentence is inappropriate in light of the nature of the offense and his character.

Tracey Wheeler v. Indiana Department of Correction, et al. (mem. dec.)
Miscellaneous. Reverses the dismissal of Tracey Wheeler’s second complaint in the Perry Circuit Court with prejudice. Finds the appropriate disposition of Wheeler’s second, duplicative lawsuit is to dismiss it without prejudice or to consolidate it with the first. Remands to the trial court with instructions to either dismiss the case without prejudice or consolidate it with Cause 94 pursuant to Indiana Trial Rule 42(A).

Advisory Plan Commission, Town Council, and Board of Zoning Appeals of the Town of Santa Claus, Indiana; Snowflake Village Holdings, LLC and DCIL, LLC v. Dale Hein, William Wampler, Kenneth Neighbors, and Ronald Smith (mem. dec.)
Miscellaneous. Affirms the denial of the town of Santa Claus, Indiana’s motion to dismiss a petition for judicial review of its enactment of a rezoning ordinance filed by Dale Hein, William Wampler, Kenneth Neighbors and Ronald Smith. Finds that the Spencer Circuit Court had subject matter jurisdiction, the petitioners had standing and the trial court did not err by by voiding Ordinance 2020-08.

Somchanh Amphonephong v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Somchanh Amphonephong’s petition for post-conviction relief. Finds Amphonephong did not receive ineffective assistance of counsel. Also finds the post-conviction court did not err in denying his petition.

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