Opinions May 1, 2023

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Court of Appeals of Indiana
Ty Evans v. State of Indiana
Post-conviction relief.  Reverses the post-conviction court’s denial of relief to Ty Evans and remands to the court with instructions to issue an amended abstract of judgment consistent with the opinion. Finds Evans demonstrated that he was not a habitual offender under the laws of the state and that his two convictions did not in fact occur in the required order.

Sunnie Roberts v. Curtis Owens, et al. (mem. dec.)
Civil plenary. Affirms the Warrick Superior Court’s judgment in favor of Curtis and Katherine Owens on their complaint against Sunnie Roberts for trespass and ejectment. Finds the trial court properly determined that the fence and shed encroached on the plaintiffs’ property. Also finds the trial court correctly rejected the defendants’ counterclaim for adverse possession. Denies plaintiffs’ request for appellate attorney fees.

Jody Smedley v. John W. Arbuckle, M.D. and Indiana Spine Group, P.C. (mem. dec.)
Civil tort. Affirms the denial of Jody Smedley’s motion for continuance of trial. Finds the Hamilton Circuit Court did not abuse its discretion.

Jaquell L. Dixon v. State of Indiana (mem. dec.)
Criminal. Affirms Jaquell Dixon’s conviction of battery resulting in moderate bodily injury as a Level 6 felony. Finds the Marion Superior Court did not abuse its discretion by denying Dixon’s motion for a continuance.

Anthony William Harman v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony Harman’s sentence to 2½ years executed for his conviction of Level 6 felony domestic battery. Finds the Noble Circuit Court did not abuse its sentencing discretion.

Ronald W. Duncan v. State of Indiana (mem. dec.)
Criminal. Affirms Ronald W. Duncan’s convictions of three counts of child molesting, one as a Level 1 felony and two as Level 4 felonies, and one count of vicarious sexual gratification as a Level 4 felony. Finds the Spencer Circuit Court did not abuse its discretion in allowing a nurse practitioner to testify as to what the child-victim told her during an office visit.

Hobart Auto Sales, Inc., et al. v. Nathan Qualls, Jr. (mem. dec.)
Civil tort. Affirms the Lake Superior Court’s denial of Hobart Auto Sales’ motion to set aside a default judgment of $50,000 in damages entered against it and in favor of Nathan Qualls. Finds Qualls presented prima facie evidence of the court’s personal jurisdiction over Hobart Auto, and Hobart Auto, in turn, failed to present evidence to the contrary or to otherwise prove lack of personal jurisdiction by a preponderance of the evidence.

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