Opinions July 2, 2020

Indiana Court of Appeals
Thomas R. Ysursa and Becker, Hoerner, Thompson & Ysursa, P.C. v. Frontier Professional Baseball, Inc.
20A-CT-49
Civil tort. Affirms the Marion Superior Commercial Court’s denial of the Ysursa parties’ motion to dismiss a lawsuit asserting legal malpractice over its involvement in litigation stemming from a failed bid to locate a Frontier Professional Baseball League team in Kokomo. Finds the commercial court did not err in finding there were sufficient minimum contacts between Ysursa and Indiana to establish personal jurisdiction, and the ruling was not unreasonable.

Henry Ward Brown v. State of Indiana
20A-CR-171
Criminal. Affirms Henry Ward Brown’s conviction of Class A felony child molesting, rejecting his sole argument on appeal that the state failed to prove beyond a reasonable doubt that he was at least 21 years old.

Kevin L. Martin v. Prison Guards Wabash Valley Correctional Facility (mem. dec.)
20A-CT-464
Civil tort. Reverses the Sullivan Circuit Court order dismissing Kevin Martin’s pro se appeal against several employees of the Westville Correctional Facility over the denial of requested court records. Remands with instructions to either hold a hearing or reinstate Martin’s case.

Troy L. Neal v. State of Indiana (mem. dec.)
19A-CR-2280
Criminal. Affirms the 35-year sentence the Madison Circuit Court imposed on Troy Neal after he was convicted of Level 2 felony attempted voluntary manslaughter. Finds the sentence is not inappropriate and the court did not abuse its discretion when it considered his criminal history as an aggravating factor while disregarding two mitigators.

David Sharp v. State of Indiana (mem. dec.)
19A-CR-2958
Criminal. Affirms David Sharp’s conviction of Level 6 felony sexual battery. Finds the state presented sufficient evidence to support the conviction in Elkhart Superior Court.

Angelo Velez v. State of Indiana (mem. dec.)
19A-CR-2467
Criminal. Affirms Angelo Velez’s convictions in Marion Superior Court of Level 3 felony armed robbery, two counts of Level 4 felony burglary and two counts of theft as a Class A misdemeanors. Concludes Velez is not entitled to reversal on the basis of instructional error, and sufficient evidence supports his burglary conviction.

Joseph M. Henson, Jr. v. State of Indiana (mem. dec.)
19A-PC-3040
Post-conviction. Affirms the denial of Joseph Henson’s petition for post-conviction relief, finding that his aggregate 100-year sentence imposed when he was a juvenile is not cruel and unusual punishment in violation of the Eighth Amendment.

Justin R. Brightwell v. State of Indiana (mem. dec.)
19A-CR-2044
Criminal. Affirms Justin Brightwell’s aggregate 105-year sentence for his convictions of two counts each of Level 1 felony and Class A felony child molesting. Finds the Clinton Circuit Court’s sentence was not inappropriate.

Gail Westbrook v. HN Food Plus, Inc. (mem. dec.)
19A-CT-2407
Civil tort. Affirms the St. Joseph Superior Court’s grant of summary judgment in favor of HN Food Plus in Gail Westbrook’s negligence suit, finding the trial court did not err in finding that HN Food could not have foreseen a random attack on her by a third party and thus did not have a duty to protect her from such an attack on its property.

T.C. v. State of Indiana (mem. dec.)
20A-JV-295
Juvenile. Vacates the Case Circuit Court’s order awarding wardship of T.C. to the Indiana Department of Correction. Vacates the dispositional decree, holding the juvenile court’s findings were clearly against the logic and effect of the facts and circumstances before the court. Remands for proceedings.

Antoine L. Kelley Jr. v. State of Indiana (mem. dec.)
19A-CR-2383
Criminal. Affirms Antoine Kelley’s murder conviction. Finds the Allen Superior Court did not abuse its discretion in refusing Kelley’s proposed jury instruction, and the evidence was sufficient to support the conviction.

Ray Chamorro v. State of Indiana (mem. dec.)
19A-PC-1220
Post-conviction. Affirms the denial of Ray Chamorro’s petition for post-conviction relief from his murder conviction. Finds the White Superior Court did not err or abuse its discretion in finding Chamorro’s trial counsel was not ineffective when he: did not request removal of a prospective juror; did not admit into evidence certain pictures or challenge inconsistencies in witness testimony, and did not object to certain witness testimony and comments made by the prosecutor.

Nicholas J. Reinoehl v. Tessa E. Leins (mem. dec.)
19A-DR-2741
Domestic relations. Affirms the DeKalb Circuit Court order modifying Nicholas Reinoehl’s annual contribution to dance expenses for his child, finding him in contempt for failing to reimburse Tessa Leins for unreimbursed dance expenses for their child, and awarding attorney fees to Tessa.

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