Opinions Feb. 22, 2022

Keywords Opinions

Court of Appeals of Indiana
David L. Arnett, Individually, and d/b/a Auto Annex, Inc. v. The Estate of Joel S. Beavins, By Its Personal Representative, Jill E. Beavins, and Stewart Properties, LLC
Estate, unsupervised. Affirms the order in favor of the Estate of Joel S. Beavins, by its personal representative Jill E. Beavins, and Stewart Properties LLC granting in part motions to strike evidence submitted by David L. Arnett, individually and d/b/a Auto Annex Inc., and the order granting partial summary judgment in favor of the estate on the issue of whether Arnett is a member of Stewart Properties. Finds the Johnson Superior Court did not abuse its discretion in striking portions of Arnett’s designated evidence, including his affidavit and Charles Ryder’s affidavit and supplemental affidavit. Also finds the trial court did not err in granting partial summary judgment in favor of the estate regarding the ownership of Stewart Properties.

Darren Huggins v. National Van Lines (mem. dec.)
Small claims. Affirms the small claims judgment entered in favor of National Van Lines on Darren Huggins’ claim for breach of contract damages. Finds the Marion Small Claims Court’s judgment was reasonable.

Blake E. Brown v. State of Indiana (mem. dec.)
Criminal. Affirms Blake Brown’s sentence to 30 months in the Franklin County Security Center, with eight months suspended to probation, for his convictions of Level 6 felony unlawful possession of a syringe and Class C misdemeanor possession of paraphernalia. Finds Brown’s sentence is not an exceptional case calling for sentencing revision.

Paul Lester Carmouche v. State of Indiana (mem. dec.)
Criminal. Affirms Paul Lester Carmouche’s five-year sentence for his conviction of Level 5 felony criminal confinement resulting in bodily injury. Finds Carmouche’s sentence is not inappropriate and declines to reduce his sentence to the advisory term of three years.

Larhonda Renee Marshall v. State of Indiana (mem. dec.)
Criminal. Affirms Larhonda R. Marshall’s conviction of Level 3 felony aggravated battery but sua sponte reverses her conviction of Level 5 felony battery causing serious bodily injury. Finds sufficient evidence exists to support the Level 3 felony conviction. Also finds the state used the same evidence at trial to establish both offenses, so the dual convictions constitute double jeopardy. Remands with instructions to vacate the conviction and sentence on Count II.

Renee Robertson-Hood v. Chad Hood (mem. dec.)
Domestic relations with children. Affirms and reverses in part the decree of dissolution of the marriage of Renee Robertson-Hood and Chad Hood. Finds the Jasper Circuit Court did not adequately explain in its findings why it deviated from an equal division of the martial estate. Also finds the trial court did not err when it awarded Chad an air compressor, but did err when it awarded him a wood-burning stove and when it failed to consider a portion of his rental income in its calculation of his child support obligation. Finally, finds the trial court implicitly denied Renee’s request for retroactive child support. Remands with instructions.

Elizabeth Isonhood v. Hector Clavijo (mem. dec.)
Domestic relations. Affirms the grant of father Hector Clavijo’s petition to modify custody of the two minor children he shares with Elizabeth Isonhood. Finds the Hamilton Superior Court did not clearly err in finding that a change of custody is in the children’s best interest and did not abuse its discretion in granting Clavijo’s petition to modify custody.

Robert L. Rivers v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Rivers’ convictions of battery resulting in bodily injury to a public safety official as a Level 5 felony and domestic battery as a Level 6 felony. Finds the Jay Circuit Court did not err in allowing the state to amend the charging information. Also finds Rivers was not prejudice by his trial counsel’s performance. Finally, finds the state presented sufficient evidence to support the conviction of battery resulting in bodily injury to a public safety official.

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