Indiana Court of Appeals
Carl Z. Swallow v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Carl Z. Swallow’s probation and the order for him to serve the entirety of his suspended two-year sentence in the Indiana Department of Correction. Finds the Delaware Circuit Court’s sanction was not an abuse of discretion. Also finds Johnson v. State, 62 N.E.3d 1224, 1229 (Ind. Ct. App. 2016), does not compel a different result in this case.
Ryan Gravit v. State of Indiana (mem. dec.)
Criminal. Affirms Ryan Gravit’s convictions pursuant to a guilty plea of operating a motor vehicle while intoxicated causing death as a Level 3 felony, OWI causing death as a Level 4 felony, the finding that he is a habitual offender and his sentence to an aggregate 48 years. Finds Gravit’s challenge to his convictions in Noble Circuit Court cannot be brought on direct appeal. Also finds his sentence is not inappropriate in light of the nature of the offense and his character.
Shantell Rene Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Shantell Rene Williams’ sentence to four years, with two years executed at the Indiana Department of Correction, one year executed at the Hamilton County Community Corrections residential work release facility and one year suspended to probation, for her convictions of two counts of theft as a Level 6 felony. Finds Williams has not sustained her burden of establishing that her sentence is inappropriate in light of the nature of the offenses and her character.
Demetrius Jones v. State of Indiana (mem. dec.)
Criminal. Affirms Demetrius Jones’ convictions of dealing in cocaine, dealing in methamphetamine, dealing in a narcotic drug, possession of a narcotic drug and possession of marijuana, and his adjudication as a habitual offender. Finds the Marion Superior Court did not violate Jones’ right to represent himself at trial.
Andrew L. Buttrum v. State of Indiana (mem. dec.)
Criminal. Affirms Andrew L. Buttrum’s conviction of Level 1 felony attempted murder, his adjudication as a habitual offender and his aggregate sentence of 45 years executed. Finds the Vanderburgh Circuit Court did not abuse its discretion when it denied Buttrum’s motion to correct error. Also finds his sentence is not inappropriate in light of the nature of the offense and the character of the offender.
SMHR Holding Company, LLC v. Firoz Vohra, Anderson Agostino & Keller, P.C., and 49 Gas Enterprises, Inc. (mem. dec.)
Mortgage foreclosure. Dismisses SMHR Holding Company LLC’s appeal of an order approving the sale by receiver of a property owned by SMHR. Finds the appeal is moot because the Lake Superior Court granted an order to eject SMHR from the property, issued summary judgment to Anderson, Agostino & Keller P.C., ordered that AAK’s lien was valid and enforceable, foreclosed the lien and ordered the property to be sold at a sheriff’s sale. Judge Melissa May concurs in result without separate opinion.
D.H. v. B.W. (mem. dec.)
Protective order. Affirms the protective order issued against D.H. for B.W. Finds B.W. presented evidence of probative value to establish by a preponderance of the evidence that D.H.’s conduct directed at her consisted of repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and actually cause B.W. to suffer emotional distress, which supported the protective order.