Opinions Feb. 11, 2021

Indiana Court of Appeals
Corey Desean Coleman v. State of Indiana
Criminal. Affirms Corey Coleman’s sentence of two years suspended to probation on the condition he attend and complete classes in anger management and conflict resolution. Finds the sentence imposed in Marion Superior Court after his conviction of Level 6 felony strangulation was not an abuse of discretion.

William C. Smith v. State of Indiana
Criminal. Affirms William C. Smith’s conviction of Level 4 felony child molesting, finding the evidence relied upon by a Morgan Superior jury to find him guilty was sufficient to support his conviction, and Smith has not shown that testimony in the case was incredibly dubious.

Twin Mills, LLC v. Leisure Acres Association, Inc. (mem. dec.)
Civil plenary. Affirms summary judgment in favor of Leisure Acres Association Inc. in a dispute between adjoining campgrounds and the LaGrange Superior Court order that Twin Mills LLC follow a 1996 covenant by allowing Leisure Acres members to use Twin Mills’ facilities free of charge. Finds Leisure Acres had standing to sue Twin Mills. Also finds Twin Mills acquiesced to Leisure Acres members using its facilities free of charge and has thus forfeited the right to complain about such use of its facilities.

Sophia Myers v. Anonymous No. 1 MD (mem. dec.)
Civil tort. Affirms a Porter Superior jury verdict in favor of Dr. Oren Conway in a medical malpractice suit alleging Conway failed to meet the applicable standard of care for Gabriel Myers, who fell ill while playing basketball 10 years ago and died a short time later. Finds the court did not abuse its discretion in admitting testimony regarding Myers’ cause of death or references to Myers’ use of alcohol and marijuana. Also finds the court did abuse its discretion in refusing to give Myers’ tendered loss-of-chance jury instruction, but the error was harmless.

Jeffery Alan Grigsby v. State of Indiana (mem. dec.)
Criminal. Affirms the Clay Superior Court’s order revoking Jeffery Grigsby’s placement in community corrections, finding no abuse of discretion.

Victoria Cheyenne Dotson v. State of Indiana (mem. dec.)
Criminal. Reverses three of the four drunken-driving convictions against
Victoria Dotson as double-jeopardy violations. Remands to the Lake Superior Court with instructions to resentence Dotson on a single count of Level 5 felony causing death when operating a motor vehicle while intoxicated.

Christopher L. Moore v. State of Indiana (mem. dec.)
Criminal. Affirms the aggregate 1,370-day executed sentence for Christopher L. Moore’s conviction of Level 6 felony intimidation and Class A misdemeanor counts of resisting law enforcement and domestic battery. Finds the Montgomery Superior Court did not abuse its discretion in sentencing and the sentence is not inappropriate.

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