Opinions July 16, 2021

Indiana Court of Appeals
Carl Eugene McDonald v. State of Indiana
Criminal. Dismisses in part, affirms in part, reverses in part. Finds Carl McDonald may not challenge on direct appeal the validity of his convictions for operating a vehicle while intoxicated, endangering a person with a passenger less than 18 years old, a Level 6 felony; three counts of Level 6 felony neglect of a dependent; operating a motor vehicle without ever receiving a license, a Class C misdemeanor; and for being a habitual vehicular substance offender. Also finds that the Cass Superior Court abused its discretion in sentencing McDonald but that remand to the trial court is only necessary so that the HVSO enhancement may be attached to a specific felony. Dismisses McDonald’s double jeopardy claims without prejudice so that they may be brought through a petition for post-conviction relief. Remands with instructions to correct the abstract of judgment.

RAB Performance Recoveries, LLC v. Fred E. Knight a/k/a Fred E. Knight, Sr.
Civil collection. Reverses the Vigo Superior Court’s order vacating the default judgment entered against Fred E. Knight. Finds Knight failed to carry his burden of proving fraud as an independent action. Also finds Knight’s delay in bringing the fraud allegation before the court more than eight years later and after a second garnishment proceeding was commenced was not reasonable or and does not fall within exceptional circumstances.

Thomas A. Hatcher v. State of Indiana (mem. dec.)
Criminal. Affirms Thomas Hatcher’s convictions and 40-year prison sentence for two counts of Level 4 felony child molesting and one count of Level 5 felony possession of child pornography. Finds the trial court did not abuse its discretion by admitting into evidence the video recording of D.B.’s forensic interview. Also finds Hatcher’s consecutive child molesting sentences are not inappropriate in light of the nature of the offenses and his character.

Courtney Lamar Parker v. State of Indiana (mem. dec.)
Criminal. Affirms Courtney Parker’s conviction for two counts of Level 5 felony burglary. Finds The Lake Superior Court did not err in allowing Parker to proceed pro se, and that determination was not tantamount to a deprivation of Parker’s Sixth Amendment rights. Also finds Parker knowingly, unequivocally, intentionally and intelligently waived his right to trial counsel.

Heritage Aggregates, LLC v. CWA Authority, Inc. (mem. dec.)
Civil plenary. Reverses the Marion Circuit Court’s order finding that Heritage Aggregates LLC’s compensation objection to CWA Authority Inc.’s eminent domain action was moot. Remands for further proceedings. Affirms the portion of the trial court’s order overruling the prematurity objection.

Brian Bresnahan v. State of Indiana (mem. dec.)
Criminal. Affirms Brian Bresnahan’s conviction for Class A misdemeanor domestic battery. Finds no fundamental error as a result of a deputy prosecutor’s closing arguments.

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