Opinions Jan. 24, 2024

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Court of Appeals of Indiana
Imogene Perry v. Anne H. Poindexter, Personal Representative of the Supervised Estate of Richard Abbott, Janice Mandla Mattingly, Michael P. Brown and Phillip Brown
Estate. Reverses the Hamilton Superior Court’s denial of Imogene Perry’s motion for relief from default judgment. Finds the trial court erred when it denied Perry’s motion for relief from judgment because she did not receive notice of the estate’s motion for return of funds and/or the related hearing in a way calculated to provide her a meaningful opportunity to appear and defend herself. Remands to the trial court to hold a hearing on all pending motions in the matter including but not limited to the motion for return of funds and any motions with respect to fees Perry and/or the estate paid to Janice Mandla Mattingly and/or Lauth Investigations International Inc.

Zachariah David Konkle v. State of Indiana
Criminal. Reverses Zachariah David Konkle’s conviction of voluntary manslaughter. Finds the state’s prosecutorial misconduct made a fair trial impossible and constitutes fundamental error. Remands for a new trial. Judge Cale Bradford dissents with separate opinion.

In Re: the Visitation of: C.B. Terri Welbaum v. Courtney Bowser, and Grant Bockelman
Miscellaneous. Reverses the Allen Superior Court’s denial of Terri Welbaum’s motion to correct error following the dismissal for lack of standing of her petition for grandparent visitation with C.B. Finds that because Welbaum is not precluded by the Grandparent Visitation Act from seeking visitation with the child, the trial court erred when it dismissed her petition. Remands for further proceedings.

Layla Cristina Mihuti v. Simona Mihuti, et al. (mem. dec.)
Civil tort. Affirms the Hendricks Circuit Court’s orders denying Layla Cristina Mihuti’s motion to file a second amended complaint and motion for a change of judge, and granting judgment on the pleadings to Simona Mihuti. Finds Layla’s suit against Simona constituted an impermissible collateral attack on a pervious judgement. Also finds Layla’s motion for change of judge was untimely. Remands to calculate the appropriate amount of attorney fees to award Simona because of Layla’s substantive bad faith.

Shamaquie Guider v. State of Indiana (mem. dec.)
Criminal. Affirms Shamaquie Guider’s two convictions of Level 4 felony sexual misconduct with a minor. Finds the Marion Superior Court did not abuse its discretion when it allowed the state to amend the charging information by modifying the range of dates during which the sexual misconduct with a minor was alleged to have occurred.

Ryan S. Yoder v. State of Indiana (mem. dec.)
Criminal. Affirms Ryan Yoder’s conviction of conspiracy to commit auto theft. Finds there is sufficient evidence to support the conviction.

Justin Newbury v. State of Indiana (mem. dec.)
Criminal. Affirms Justin Newbury’s two convictions of Level 4 child molesting. Finds there was sufficient evidence to support Newbury’s convictions.

In the Matter of the Commitment of L.S. v. State of Indiana (mem. dec.)
Mental health. Affirms the continuation of L.S.’s involuntary commitment. Finds there was sufficient evidence to support the Tippecanoe Circuit Court’s order continuing his involuntary commitment.

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