Opinions Feb. 16, 2023

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Court of Appeals of Indiana
Timothy Marcus Mayberry v. Indiana Department of Corrections, et al. (mem. dec.)
Civil tort. Affirms and reverses in part the denial of Timothy Marcus Mayberry’s complaint against the Indiana Department of Correction and four unnamed prison officials/employees, and the denial as moot of his motion for appointment of counsel. Finds the Sullivan Circuit Court erred in dismissing Mayberry’s tort claim against DOC. Also finds the trial court did not err in dismissing Mayberry’s claims against the unnamed DOC employees in their individual capacities. Finally, finds the trial court must consider Mayberry’s motion for appointment of counsel on remand.

David J. Therkelsen v. Michelle L. Therkelsen (mem. dec.)
Domestic relations with children. Affirms the decree dissolving the marriage of David J. and Michelle L. Therkelsen. Finds the Allen Circuit Court did not abuse its discretion in awarding Michelle sole legal and primary physical custody of child J.T. Also finds the trial court did not err in denying David’s request for attorney fees.

Blaze Downey v. State of Indiana (mem. dec.)
Criminal. Affirms the order for Blaze Downey to serve the balance of his previously suspended sentence in the Department of Correction after his probation was revoked. Finds the Dearborn Circuit Court did not abuse its discretion.

Lynsey Carmen Vaughn v. State of Indiana (mem. dec.)
Criminal. Affirms in part the sanction imposed on Lynsey Carmen Vaughn following the revocation of her probation. Finds the Johnson Superior Court did not abuse its discretion by ordering Vaughn to serve her revoked sentence in jail. Remands with instructions to revise the revocation order to accurately reflect the 450 days of Vaughn’s probation that the trial court revoked.

Allen C. Fender v. State of Indiana (mem. dec.)
Criminal. Affirms Allen C. Fender’s conviction of murder and his 58-year sentence. Finds the evidence is sufficient to support the conviction. Also finds the sentence is not inappropriate.

Derek Briggs v. State of Indiana (mem. dec.)
Criminal. Affirms Derek Briggs’ aggregate four-year sentence for his convictions of sexual battery and strangulation. Finds the sentence is not inappropriate in light of the nature of Briggs’ offenses and his character.

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