Opinions March 15, 2023

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Court of Appeals of Indiana

WEOC, Inc. d/b/a Wings, Etc. and Romo, LLC, d/b/a El Cantarito v. Leah Niebauer, as Special Representative of the Estate of Nathan Blount, Deceased
Civil tort. Affirms the denial of Wings Etc. and El Cantarito’s motion to dismiss Count 3 of the wrongful death suit brought by Leah Niebauer, special representative of the Estate of Nathan Blount. Finds the estate’s claim for negligent furnishing of alcoholic beverage does state a claim upon which relief can be granted.

Jacquelyn Ivankovic v. Milan Ivankovic
Domestic relations with children. Reverses the division of marital property following the dissolution of the marriage of Jacquelyn and Milan Ivankovic. Finds Roxy the dog is Jacquelyn’s personal property, and the children cannot be awarded discretionary decision-making authority to transport such personal property to Milan’s residence during parenting time.

Craig W. Bright v. State of Indiana
Criminal. Affirms Craig Bright’s convictions of Level 4 felony burglary and Level 6 felony auto theft. Finds the Grant Circuit Court did not abuse its discretion by permitting the state to amend its charging information on the day of the trial. Also finds sufficient evidence supports Bright’s burglary conviction.

In the Matter of the Estate of Edward L. Peters Tina M. Barnes, Individually and as Personal Representative of the Estate of Edward L. Peters v. Rodney L. Peters
Estate, unsupervised. Affirms the grant of Rodney L. Peters’ petition to determine heirship, which asked the Franklin Circuit Court to determine that he was also the heir of Edward L. Peters. Finds the trial court did not abuse its discretion when it held, in effect, that the 1971 divorce decree did not determine Rodney’s paternity and does not bar his heirship petition. Also finds there is sufficient evidence to sustain the trial court’s determination that Rodney was Edward’s heir. Finally, finds the trial court did not abuse its discretion in denying Tina M. Barnes’ motion to correct error.

Harry C. Hobbs v. State of Indiana
Post-conviction. Affirms the denial of Harry C. Hobbs’ second petition for post-conviction relief. Finds no clear error.

Ashley Kincaid Eve v. State of Indiana (mem. dec.)
Criminal. Affirms Ashley Kincaid Eve’s conviction of Class A misdemeanor resisting law enforcement. Finds the police did not violate Eve’s Fourth Amendment right to be free from an unreasonable seizure when they prevented her from opening the car door during a lawful roadside stop, so the Hamilton Superior Court did not abuse its discretion when it admitted evidence of Eve’s actions on July 16, 2019. Also finds there was sufficient evidence that the police were lawfully engaged in the exercise of their duties prior to Eve forcing her car door open, so there was sufficient evidence to support her conviction. Finally, finds the trial court did not abuse its discretion when it denied Eve’s pro se motion to correct error that was filed while she was still represented by legal counsel.

Vincent F. Wallace v. State of Indiana (mem. dec.)
Criminal. Affirms Vincent Wallace’s consecutive maximum sentences totaling 28 years, all executed in the Department of Correction, for his two convictions of sexual misconduct with a minor, one as a Class B felony and the other as a Class C felony. Finds the Monroe Circuit Court did not abuse its sentencing discretion. Also finds Wallace’s sentences are not inappropriate.

Tristin Grant Spencer v. State of Indiana (mem. dec.)
Criminal. Grants rehearing but reaffirms the original appellate decision in all respects.

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