Opinions Feb. 23, 2023

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Court of Appeals of Indiana
Timothy Stark v. State of Indiana
Civil plenary. Affirms the Marion Superior Court’s judgment against Timothy Stark in an action brought by the state of Indiana against Wildlife in Need and Wildlife in Deed Inc. Finds the trial court’s conclusion that Stark is personally liable for funds and assets misappropriated from WIN is not clearly erroneous.

Marjorie K. Fox, Stephanie Heggemeier, James Kahrhoff, and Nancy Owens v. Franciscan Alliance, Inc. d/b/a/ Franciscan Health – Indianapolis
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment to Franciscan Alliance Inc. d/b/a Franciscan Health – Indianapolis. Finds the trial court properly granted summary judgment and did not abuse its discretion during the discovery process.

Michael L. Cardwell v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Cardwell’s convictions of Level 4 burglary, Class A misdemeanor invasion of privacy and Class A misdemeanor resisting law enforcement. Finds the Allen Superior Court did not abuse its discretion by excluding certain evidence.

Andrew M. Stutz v. State of Indiana (mem. dec.)
Criminal. Affirms Andrew Stutz’s convictions of Level 6 felony resisting law enforcement and Level 6 felony intimidation. Finds Stutz was not denied his constitutional right to self-representation. Also finds sufficient evidence to support his conviction.

William A. Mealer v. State of Indiana (mem. dec.)
Criminal. Affirms William Mealer’s conviction of murder and his 55-year sentence. Finds there was sufficient evidence to support Mealer’s conviction. Also finds the Howard Circuit Court did not abuse its discretion in sentencing him, and his sentence is not inappropriate.

Jeremy D. Hemingway v. State of Indiana (mem. dec.)
Criminal. Affirms the Jefferson Superior Court’s revocation of Jeremy Hemingway’s probation. Finds the trial court did not abuse its discretion.

Larry Marksberry v. State of Indiana (mem. dec.)
Criminal. Affirms Larry Marksberry’s conviction of Level 3 felony dealing in methamphetamine. Finds the state presented sufficient evidence to support Marksberry’s conviction. Also finds Marksberry has not persuaded the appellate court that his sentence is inappropriate in the light of the nature of the offense and his character.

Dayquan Lamar Swain v. State of Indiana (mem. dec.)
Criminal. Affirms the Madison Circuit Court’s denial of Dayquan Swain’s motion to suppress. Finds the trial court did not err in denying the motion.

Kahala Rodgers v. State of Indiana (mem. dec.)
Criminal. Affirms the Madison Circuit Court’s findings that Kahala Rodger’s violated his probation. Finds the trial court did not abuse its discretion when it found Rodgers failed to comply with the requirements that he follow the recommendations from the substance abuse evaluation and provide documentation to the probation department. Also finds the court did not abuse its discretion when it found that Rodgers failed to submit to a drug test within three hours of the probation department’s request.

Russell G. Finnegan v. State of Indiana (mem. dec.)
Criminal. Affirms Russell Finnegan’s convictions of Level 3 felony criminal confinement and Level 5 felony intimidation. Finds the Pulaski Circuit Court did not err by denying Finnegan’s motions for discharge or by refusing his mistake-of-fact instruction.

Travis Kelley v. State of Indiana (mem. dec.)
Criminal. Affirms Travis Kelley’s sentence of five years in Department of Correction, to include one year with community corrections, for Level 5 felony possession of methamphetamine. Finds the sentence is not inappropriate.

Christopher T. Britton v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Britton’s conviction for Level 1 felony attempted murder. Finds the Vanderburgh Superior Court did not err in permitting the amendment to the charging information. Also finds sufficient evidence supports Britton’s conviction. Finally, finds Britton hasn’t demonstrated that the trial court abused its discretion in the admission of evidence.

Mark A. Bonds v. State of Indiana (mem. dec.)
Miscellaneous. Reverses the dismissal of Mark Bonds’ petition for a writ of habeas corpus. Finds the Henry Circuit Court did not have jurisdiction over Bonds’ petition. Remands with instructions to transfer the case to the court where Bonds was convicted and sentenced.

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