Opinions Feb. 26, 2021

Indiana Court of Appeals

Heather Harvey v. Keyed In Property Management, LLC

Small claims. Affirms the Brown Circuit Court’s damages award of $1,500 plus $125 in court costs in favor of Keyed In Property Management, finding that it was entitled to the maximum award for an LLC not represented by legal counsel under Indiana Small Claims Rule 8(C). Rejects Heather Harvey’s argument on appeal that the award was excessive and that she had been subject to constructive eviction.

Christopher Stanton v. State of Indiana (mem. dec.)


Post conviction. Affirms the Cass Superior Court’s denial of Christopher Stanton’s petition for post-conviction relief. Finds that by pleading guilty, Stanton forfeited any argument that the search of his home was unconstitutional, and his trial counsel did not provide ineffective assistance.

N.E. v. K.A. (mem. dec.)


Adoption. Affirms the Howard Circuit Court’s adoption decree for M.J.E. to be adopted by stepfather K.A. Finds the court did not err in finding that father N.E.’s consent was not required and substantial evidence shows father was an unfit parent.

Bradley Scott Anthony Bornmann v. State of Indiana (mem. dec.)


Criminal. Affirms Bradley Bornmann’s sentence of six years in prison for conviction of Class A misdemeanor operating a vehicle while intoxicated and being a habitual vehicular substance offender. Remands for correction of the six-year suspension of his driver’s license to order it suspended for one year as provided in a plea agreement. Also remands to Shelby Superior Court to correct a clerical error in the abstract of judgment.

Jayme L. Smith v. State of Indiana (mem. dec.)


Criminal. Affirms Jayme Smith’s conviction in Benton Circuit Court of Level 4 felony child molesting. Finds the evidence is sufficient to support the conviction and his 12-year sentence is not inappropriate.

Dominique L. Morton v. State of Indiana (mem. dec.)


Criminal. Reverses the order revoking Dominique Morton’s placement in community corrections requiring him to serve the remainder of his sentence in the Department of Correction. Finds his rule violations were sufficient to support some, but not all, of the revocation. Remans to the Steuben Circuit Court with instructions to order Morton to serve two years in jail or the DOC, with credit for time already served, after which Morton will be returned to community corrections to serve his remaining time.

Josh Mitchell v. Debra Mitchell, et al. (mem. dec.)


Civil tort. Affirms the Elkhart Superior Court’s denial of Josh Mitchell’s motion for judgment on the pleadings in a personal injury case, finding the court did not err in so ruling.

Jordan D. Phillips v. State of Indiana (mem. dec.)


Criminal. Affirms the Marion Superior Court’s denial of Jordan Phillips’ request for a sentence modification, finding the court did not abuse its discretion in declining to reduce an aggregate 186-year sentence for his conviction in a 2009 triple-murder.

James S. Mardello v. State of Indiana


Criminal. Affirms the revocation of James Mardello’s probation, finding the Jefferson Circuit Court did not abuse its discretion.

Candice Valerie Casanova v. State of Indiana


Criminal. Affirms Candice Casanova’s three-year sentence for Level 5 felony carrying a handgun without a license, concluding she has not met her burden of showing the sentence is inappropriate.

Mani S. Johnson v. State of Indiana


Criminal. Affirms Mani Johnson’s sentence of 20 days served in the Hamilton County Jail, 890 days suspended and 730 days of probation for his guilty plea to Level 6 felony invasion of privacy. Finds the sentence was not inappropriate.

Jimmy Lee England v. State of Indiana


Criminal. Affirms Jimmy England’s conviction of Level 4 child molesting and his adjudication as a habitual offender. Finds the Greene Circuit Court did not commit fundamental error when it did not intervene to restrict the state’s closing arguments.

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