Opinions Nov. 24, 2020

Indiana Court of Appeals
Timothy Marcus Mayberry v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy Mayberry’s murder conviction and an enhancement for the use of a firearm in the commission of a felony. Finds that because Mayberry has not shown any deliberate conduct of bad faith by the state or substantial prejudice to his rights, his argument fails. Thus, finds that the St. Joseph Superior Court was well within its discretion in allowing Officer Ray Wolfenbarger’s testimony.

Estate of Alex Lee Harter by Jennifer Ann Harter, Personal Representative v. TCGC, LLC (mem. dec.)
Civil collection. Affirms in part, reverses in part, remands for further proceedings the Henry Circuit Court’s summary judgment ruling in favor of TCGC, LLC against the estate of Alex Lee Harter by Jennifer Ann Harter. Concludes that the trial court abused its discretion by granting TCGC’s motion to strike Harter’s affidavit; erred by granting TCGC’s summary judgment motion; and did not err by denying the estate’s summary judgment motion. Finds that the estate’s challenge to the trial court’s motion to correct error rulings is moot and needs not be addressed.

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