Opinions Feb. 4, 2022

Court of Appeals of Indiana
Peggy Sue Higginson v. State of Indiana  
Criminal. Reverses the Posey Superior Court’s grant of the state’s motion to exclude expert witness testimony for Peggy Higginson on the basis that the expert’s anticipated testimony concerning Higginson’s PTSD diagnosis was inadmissible to support a claim of self-defense. Finds that Higginson may use effects-of-battery evidence in her self-defense claim. Also finds that Dr. Polly Westcott may testify as to evidence that relates to the general reasonableness of one’s apprehension of fear, given the psychological trauma which comes from battery, but may not reach an ultimate factual determination exclusive to the jury. Remands for further proceedings.

Joseph Kilby Jackson v. State of Indiana (mem. dec.)
Criminal. Affirms Joseph Kilby Jackson’s sentence to 2½ years, with 1½ years suspended to probation, for Level 6 felony possession of methamphetamine and Level 6 felony auto theft. Finds the Dearborn Superior Court’s sentencing was not inappropriate.

Pauline Eileen Severt v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Pauline Eileen Severt’s probation by the Decatur Superior Court. Finds the state presented sufficient evidence at the revocation hearing, along with Severt’s admissions, that she violated other conditions of probation as alleged. Also finds the trial court didn’t abuse its discretion in ordering Severt serve 550 days of her previously suspended sentence in the Department of Correction.

Andrew Dwight Dickerson v. State of Indiana (mem. dec.)
Criminal. Affirms Andrew Dwight Dickerson’s conviction of Level 5 felony domestic battery. Finds the evidence is sufficient to support the conviction.

David J. Avalle v. State of Indiana (mem. dec.)
Criminal. Affirms the Cass Superior Court’s order revoking David J. Avalle’s bond. Finds the trial court did not abuse its discretion when it revoked Avalle’s bond, as there was sufficient evidence to support the revocation.

Eric D. Smith v. Shanna LaMar (mem. dec.)
Juvenile paternity. Affirms the Shelby Superior Court’s calculation of Eric Smith’s child support obligation pursuant to a petition to modify child support. Finds the trial court correctly determined Smith’s weekly gross income for purposes of determining the amount payable toward his child support arrearage. Also finds the arrearage amount as calculsated by the trial court is accurate.

Kevin Martin v. Commissioner Carter, et al. (mem. dec.)
Miscellaneous. Affirms the dismissal of inmate Kevin Martin’s civil lawsuit and motion to correct error against several defendants from the Department of Correction. Finds Martin has waived appellate review due to substantial noncompliance with the Rules of Appellate Procedure. Specifically, finds the brief by Martin lacks an adequate statement of facts, Martin failed to file a complaint appendix and he does not cogently argue for reversal.

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