Opinions March 23, 2023

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Court of Appeals of Indiana
Shalee C. Dowell v. State of Indiana
Criminal. Affirms Shalee Dowell’s conviction in the Perry Circuit Court of Level 2 felony dealing in methamphetamine. Finds the state waived any challenge to the appellate court’s decision to reassume jurisdiction of Dowell’s direct appeal. Also finds the state’s evidence was sufficient.

Hoagland Family Limited Partnership v. Town of Clear Lake (mem. dec.)
Civil plenary. Affirms the Steuben Circuit Court’s grant of the town of Clear Lake’s petition to hold Hoagland Family Limited Partnership in contempt. Finds the trial court acted within its discretion.

Laura A. Dowell v. State of Indiana (mem. dec.)
Criminal. Affirms Laura Dowell’s conviction for Class A misdemeanor theft. Finds Dowell’s conviction in the Marion Superior Court was supported by sufficient evidence.

Christopher Garriott v. State of Indiana (mem. dec.)
Criminal. Affirms the Warren Circuit Court’s order revoking Christopher Garriott’s probation and ordering him to serve the entirety of previously suspended sentence in the Department of Correction. Finds the trial court did not abuse its discretion by ordering Garriott to serve his entire sentence.

Melissa Shebish v. Mark Murzyn (mem. dec.)
Estate, supervised. Affirms the Lake Circuit Court’s denial of Melissa Shebish’s request for another continuance but reverses in part the judgment that Shebish was liable to her father’s estate in the amount of $256,666. Finds the trial court did not abuse its discretion in denying Shebish’s motion. Also finds that three checks included in the trial court’s judgment were improperly presumed to be invalid. Finally, finds the record does not support the award of $77,000. Remands with instructions to reduce by $9,500 the portion of the award relating to the challenged checks and to vacate the $77,000 part of the award to the estate.

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