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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Rolland G. Shoup, II v. State of Indiana (mem. dec.)
22A-IF-122
Infraction. Affirms the finding that Rolland G. Shoup II committed the infraction of speeding. Finds sufficient evidence supports the Marion Superior Court’s finding.
Amanda Perdue v. William H. O’Toole (mem. dec.)
22A-SC-231
Small claims. Grants rehearing to address Amanda Perdue’s appellate arguments after her appeal was initially determined to be waived. Affirms the denial of Perdue’s claims against her bankruptcy lawyer, William H. O’Toole. Finds the small claims court did not err.
James Robert Minor v. State of Indiana (mem. dec.)
22A-CR-287
Criminal. Affirms James Robert Minor’s convictions of Level 1 felony child molesting, Level 4 felony child molesting and Level 6 felony dissemination of matter harmful to minors and his 41-year sentence. Finds Time is not a material element of Minor’s offenses. Also finds Minor’s child molesting convictions do not violate double jeopardy principles. Finally, finds Minor’s sentence is supported by multiple unchallenged aggravating circumstances.
Matthew J. Surburg v. Shannon G. Stoops (mem. dec.)
22A-CT-468
Civil tort. Affirms the denial of Dr. Matthew J. Surburg’s motion for summary judgment asserting he did not cause the injuries alleged in Shannon G. Stoops’ medical malpractice claim. Finds Stoops’ failure to file a motion to strike Dr. Edward Fox’s affidavit did not preclude the Hancock Circuit Court from disregarding it and denying Surburg’s summary judgment motion on its own motion.
Dayshawn Mumford v. State of Indiana (mem. dec.)
22A-CR-871
Criminal. Affirms the revocation of Dayshawn Mumford’s placement in work release. Finds the state presented sufficient evidence that Mumford violated the terms of his placement at the Duvall Residential Center.
G.M. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
22A-EX-1049
Agency action. Affirms the decisions of the Review Board of the Indiana Department of Workforce Development that affirmed the decision of an administrative law judge denying G.M. pandemic unemployment assistance under the CARES Act. Finds the review board did not err.
Nicholas A. Gregory v. State of Indiana (mem. dec.)
22A-CR-1284
Criminal. Affirms Nicholas A. Gregory’s sentence of 11 years, with one year suspended to probation, for his conviction of Level 4 felony burglary. Finds Gregory has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.
Blake Schaefer v. State of Indiana (mem. dec.)
22A-CR-1426
Criminal. Affirms Blake Schaefer’s convictions of child molesting as a Class A and Level 1 felony. Finds the state presented evidence of a probative nature from which the jury could find beyond a reasonable doubt that Schaefer committed child molesting as a Class A and Level 1 felony.
In the Matter of K.U., M.U., Ma.U., G.U., S.U. (Minor Children), C.U. (Father), and Z.U. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JC-1502
Juvenile CHINS. Affirms the adjudication of father C.U. and mother Z.U.’s children, G.U., S.U., M.U., K.U. and Ma.U., as children in need of services. Finds the Wayne Superior Court’s findings support its conclusion that the children are CHINS.
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