Opinions Feb. 10, 2023

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Court of Appeals of Indiana
Tyson Eminger v. State of Indiana
Criminal. Reverses the Noble Superior Court’s order granting the state’s motion for relief from judgment under Trial Rule 60(B)(8). Finds the trial court erred. Remands with instructions.

Hannah Wormgoor v. State Farm Mutual Automobile Insurance Company
Civil tort. Affirms the Marion Superior Court’s order granting Hannah Wormgoor prejudgment interest in the amount of $11,559.77 on her $67,168.52 judgment. Finds trial court did not abuse its discretion in calculating prejudgment interest based on the stipulated reduced judgment instead of the jury verdict amount.

Geovanny Tellez Mata v. State of Indiana (mem. dec.)
Criminal. Affirms Geovanny Tellez Mata’s convictions of Level 3 felony armed robbery, Level 3 felony criminal confinement, Level 5 felony battery by means of a deadly weapon and Level 5 felony intimidation. Finds the jury heard enough evidence to enable it to weigh David Hernandez Ramirez’s credibility, as well as Ruth Arias’ credibility. Also finds any error in denying the admission of Ramirez’s alleged statements to Arias made some months prior does not undermine the outcome.

Montrell Lavell Baker v. State of Indiana (mem. dec.)
Criminal. Affirms Montrell Baker’s conviction of Level 6 felony resisting law enforcement. Finds under the circumstances and evidence, the prosecutor’s improper argument did not result in fundamental error or make a fair trial impossible.

Kimberly Porter v. Jesse Streikus (mem. dec.)
Juvenile paternity. Affirms the grant of physical and legal custody of B.S. to father Jesse Streikus. Finds the Grant Superior Court did not err in ruling on custody or parenting time.

Miranda’s Auto Body Tire Shop v. Lee Hayes (mem. dec.)
Small claims. Affirms the $8,000 small claims judgment against Miranda’s Auto Body Tire Shop. Finds the small claims court did not abuse its discretion by failing to appoint an interpreter.

Summer R. Weaver v. Kenneth A. Weaver (mem. dec.)
Domestic relations with children. Affirms the Hamilton Superior Court’s conclusion that a ring and insurance proceeds from the ring were marital property. Reverses the trial court’s determination that the LLC was marital property and the attorney fee award. Finds the trial court erred in conclude that the Rookwood Property and Keystone Lot were marital properties but did not err in determining the final ring and insurance proceedings from the final ring were marital property. Also finds the trial court erred in ordering husband Kenneth A. Weaver to pay $100,000 of wife Summer R. Weaver’s attorney fees for custody-related matters. Remands the trial court to recalculate the division of property.

Derek D. Fingers v. Eric Holcomb, James Basinger, Robert Carter, Jr., Mr. Vanihel, Shelby Critchfield, and State of Indiana (mem. dec.)
Civil tort. Affirms the Sullivan Superior Court’s dismissal of Derek Fingers’ constitutional claim as frivolous. Finds Fingers’ allegations of electro-magnetic waves controlling the Indiana judiciary and torturing him while in jail fall within the category of frivolous claims that are ripe to be “summarily dismissed at the screening stage.”

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