Opinions Feb. 12, 2021

Indiana Court of Appeals
Mark Waterfill and Aegean, LLC v. Erie Insurance Exchange (mem. dec.)
20A-CP-1321
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment in favor of Erie Insurance Exchange, dismissing the appeal in a duty-do-defend dispute as untimely.

Kevin Lavell Curry v. State of Indiana (mem. dec.)
20A-CR-1292
Criminal. Affirms the Elkhart Superior Court’s denial of Kevin Curry’s petition to modify his sentence. Remands to order dismissal because Curry’s petition lacked the required prosecutor’s consent to file.

Adrian Caldwell v. State of Indiana (mem. dec.)
20A-CR-1785
Criminal. Affirms Adrian Caldwell’s conviction of Level 2 felony dealing a narcotic drug, finding the state proved in Marion Superior Court beyond a reasonable doubt that Caldwell possessed the requisite intent to deliver heroin sufficient to sustain his conviction.

Keagan Isaac Johnson v. State of Indiana (mem. dec.)
20A-CR-1140
Criminal. Affirms Keegan Johnson’s aggregate sentence of 18 years, with 13 executed, after his conviction pursuant to a guilty plea to Level 3 felony attempted aggravated battery and Level 4 felony conspiracy to commit dealing in cocaine. Finds Johnson has not shown that the sentence imposed in Tippecanoe Superior Court was inappropriate.

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