Indiana Court of Appeals
Christopher M. Hubbert v. State of Indiana
Criminal. Reverses Christopher M. Hubbert’s 18-year executed sentence for his conviction of Level 2 felony dealing in methamphetamine. Finds Hubbert’s sentence is inappropriate in light of the nature of the offense and his character. Remands to the Bartholomew Superior Court to impose a sentence of 18 years, with four years executed in the Indiana Department of Correction and the remaining years served on probation with substance abuse counseling and placement in community corrections.
Donald Hauser v. Centaur Acquisition, LLC d/b/a Indiana Grand Racing & Casino (mem. dec.)
Civil tort. Affirms the grant of summary judgment in Shelby Circuit Court to Centaur Acquisition LLC d/b/a Indiana Grand Racing & Casino, concluding as a matter of law that Indiana Grand was not negligent with respect to Donald Hauser’s fall on Indiana Grand’s premises. Finds no genuine issue of material facts exists that Indiana Grand breached its duty of reasonable care to Hauser.
Lyndale R. Ivy v. Barry Privett (mem. dec.)
Civil tort. Affirms the grant of Barry Privett’s motion for summary judgment. Finds Lyndale Ivy has failed to demonstrate reversible error when the Henry Circuit Court did not rule on his motions to strike. Also finds that Privett’s failure to be more specific in the designation of evidence does not render summary judgment inappropriate. Finally, finds the trial court did not err in granting summary judgment to Privett as to Ivy’s claims of negligence, willful and wanton misconduct, or intentional infliction of emotional distress.
Jammy Stacy v. State of Indiana (mem. dec.)
Criminal. Affirms Jammy Stacy’s conviction of neglect of a dependent as a Level 3 felony. Finds the state proved beyond a reasonable doubt in Kosciusko Superior Court that Stacy knowingly neglected A.A. by failing to procure him medical treatment, and that failure resulted in bodily injury to A.A.
Derrick Rodgers, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Derrick Rodgers Jr.’s sentence to six years, with five years executed in the Indiana Department of Correction and one year suspended to probation, following his plea agreement to battery by means of a deadly weapon as a Level 5 felony. Finds Rodgers’ sentence imposed in Vigo Superior Court was not inappropriate in light of the nature of the offense and his character.