Opinions May 12, 2023

Court of Appeals of Indiana
Malcolm Dwight Smith II v. State of Indiana
Criminal. Affirms Malcolm Dwight Smith II’s conviction for Level 4 felony burglary. Finds the LaPorte Superior Court did not violate Smith’s right to a speedy trial under Indiana Criminal Rule 4(B). Also finds Smith has waived his argument that the trial court abused its discretion in the admission of evidence. Finally, finds there was sufficient evidence to support the conviction.

State of Indiana, ex rel. James Holden v. Ice Miller, LLC, et al.
Civil plenary. Affirms and reverses in part the Marion Superior Court’s dismissal of James Holden’s qui tam claims brought under the Indiana False Claims and Whistleblower Protection Act. Finds the trial court properly dismissed the action but should have dismissed the action under Indiana Trial Rule 12(B)(6), rather than Trial Rule 12(B)(1). Remands with instructions to dismiss the action without prejudice.

In Re: The Adoption of G.R. and M.R.; K.R. v. K.W. (mem. dec.)
Adoption. Affirms the Decatur Circuit Court’s orders granting stepfather K.W.’s petition to adopt father K.R.’s two children. Finds the trial court did not err.

Pedro Ramirez-Cuautle v. State of Indiana (mem. dec.)
Criminal. Affirms Pedro Ramirez-Cuautle’s aggregate eight-year sentence for Level 4 felony operating a vehicle while intoxicated causing death and Class A misdemeanor driving while suspended. Finds the sentence is not inappropriate.

Aaron McDuffee v. State of Indiana (mem. dec.)
Criminal. Affirms Aaron McDuffee’s conviction for Level 6 felony theft. Finds the state presented evidence of a probative nature from which a jury could find beyond a reasonable doubt that McDuffee committed theft as a Level 6 felony. Also finds no reversible error in the admission of evidence.

Andrew J. Placke, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Andrew Placke’s sentence to an aggregate of 730 days, enhanced by 1,095 days, for Level 6 felony attempted resisting law enforcement, being a habitual offender and Class A misdemeanor driving while suspended. Finds the sentence is not inappropriate.

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}