Indiana Court of Appeals
Steven Glover, as Personal Representative of the Estate of Shelina M. Glover v. Allstate Property and Casualty Insurance Company
Civil tort. Affirms the Marion Superior Court’s grant of Allstate Property and Casualty Insurance Company’s motion for summary judgment against Steven Glover, as well as the denial of its motion to correct error. Finds the trial court did not err in granting summary judgment in Allstate’s favor.
Kenyon Tyus, Jr., Kyrie Tyus, Keyon Tyus, Amber Tyus, and Kenyon Tyus v. Indianapolis Power & Light Company, The City of Indianapolis, Indianapolis Department of Public Works, et al.
Civil tort. Affirms the Marion Superior Court’s determination that Amber and Kenyon Tyus’ gross negligence action may proceed, but reverses the grant of judgment on the pleadings as to a negligence action. Finds the Indiana Court of Appeals has jurisdiction over the constitutional claims brought against Indianapolis Power & Light Company by the Tyuses and their three children. Also finds IPL owes the Tyuses a duty of reasonable care. Finally, finds the dispositive constitutional claim that the Indiana Utility Regulatory Commission exceed its delegated authority was not waived. Remands for further proceedings.
Paul Reese, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms and reverses in part Paul Reese Jr.’s convictions of burglary as a Level 2 felony, conspiracy to commit burglary as a Level 2 felony, conspiracy to commit armed robbery as a Level 3 felony, confinement while armed with a deadly weapon as a Level 3 felony, theft as a Level 6 felony, auto theft as a Level 6 felony, two counts of armed robbery, each as a Level 3 felony, and burglary as a Level 1 felony, and his aggregate 72-year sentence. Finds the Putnam Circuit Court did not abuse its discretion in admitting evidence obtained as a result of the search warrant for Reese’s cellphone records, and any error in the admission of the Oxygen Forensics report was harmless. Also finds sufficient evidence to establish both that Reese was one of the men who committed the burglary and his convictions for conspiracy to commit burglary and conspiracy to commit armed robbery, and that his sentence is not inappropriate. Finally, finds Reese’s Level 2 felony burglary and Level 3 felony conspiracy to commit armed robbery convictions violate the double jeopardy prohibition. Reverses and remands for those convictions to be vacated.
Ronald W. Ramsey v. State of Indiana (mem. dec.)
Criminal. Affirms Ronald Ramsey’s three-year sentence, with two years suspended to probation, for his conviction of Level 5 felony battery on a public safety officer resulting in bodily injury. Finds his sentence is not inappropriate in light of the nature of the offense and his character.
M.L.H. v. State of Indiana (mem. dec.)
Juvenile. Affirms M.L.H.’s adjudication as a delinquent child for two counts of intimidation as a Level 6 felony if committed by an adult. Finds there is sufficient evidence to support the delinquency adjudication.
Melissa Anne Brown v. State of Indiana (mem. dec.)
Criminal. Affirms Melissa Brown’s aggregate 60-month sentence for her convictions of Class C misdemeanor reckless driving and Level 6 felony operating a vehicle while intoxicated. Finds the sentence is not inappropriate in light of the nature of the offenses and her character.
Terrance Lonnell-Collier v. State of Indiana (mem. dec.)
Criminal. Affirms Terrance Lonnell-Collier’s convictions for Level 1 felony attempted murder and Level 3 felony conspiracy to commit armed robbery. Finds there is sufficient evidence to support his convictions.