Opinions May 13, 2025

Indiana Court of Appeals
Brent M. Haycraft v. State of Indiana
23A-CR-2088
Criminal. Reverses Brent Haycraft’s convictions in Martin Superior Court of Class A misdemeanor intimidation and Level 6 felony intimidation of Shawn O’Connor, the supervisor who had terminated Haycraft’s employment. Finds that the state failed to present sufficient evidence that Haycraft had some understanding of the threatening character of the March 23 Facebook post and the April 30 Facebook post and comments and that he had consciously disregarded a substantial risk that his conduct of making these posts and comments would be viewed as threatening. Also finds Haycraft’s June 12 Facebook post and comments constitute a true threat and are not protected by the First Amendment, but because the trial court did not provide the required unanimity instruction, the appellate court is unable to determine whether the jury convicted Haycraft of Class A misdemeanor intimidation and Level 6 felony intimidation based on the March 23 Facebook post or the April 30 Facebook post and comments, which were not true threats, or based on the June 12 Facebook post and comments, which was a true threat. Remands with instructions to vacate the convictions. Attorneys for appellant: Paul Blanton, Kyle Beach. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Alexandria Sons.

Russell Bernacchi and Judith Bernacchi v. Yon M. Lindborg and Kenneth L. Rutz
24A-CT-1686
Civil tort. Dismisses without prejudice Russell and Judith Bernacchi’s appeal of LaPorte Circuit Court Judge Thomas Alevizos’ order denying the Bernacchis’ motion for summary judgment against Kenneth Rutz and Yon Lindborg’s complaint. Finds the trial court’s order denying the Bernacchis’ motion for summary judgment is neither a final judgment nor an appealable interlocutory order, and the appellate court lacks appellate jurisdiction over the Bernacchis’ appeal. Attorney for appellants: Martin Lucas. Attorney for appellees: R. Brian Woodward.