Opinions Sept. 16, 2020

Indiana Court of Appeals
Shannon M North, et al. v. Selective Insurance Co of South Carolina
20A-PL-0063
Civil plenary. Affirms the Allen County Superior Court’s denial of Shannon and Miles Norths’ motion for partial summary judgment against Selective Insurance Co. of South Carolina. Finds the trial court did not err in granting the motion and in granting Selective’s motion for summary judgment.

Daniel Miller v. State of Indiana (mem. dec.)
19A-CR-2895
Criminal. Affirms Daniel Miller’s 18-year sentence for conviction in Wells Circuit Court of Level 3 felony domestic battery resulting in serious bodily injury to a person less than 14 years old, Level 3 felony neglect of a dependent resulting in a serious bodily injury, Level 6 felony intimidation, and Level 5 felony battery resulting in bodily injury to a person less than 14 years of age. Finds sufficient evidence to support the conviction and finds the sentence is not inappropriate in light of the nature of the offenses and Miller’s character.

Walter Alvarez v. Joyce Helsel & Pinnacle Insurance Group of Indiana, Inc. (mem. dec.)
20A-CT-632
Civil tort. Affirms the entry of summary judgment in favor of Pinnacle Insurance Group of Indiana, Inc. and Joyce Helsel on Walter Alvarez’s complaint in Lake Superior Court seeking recovery for damage to one of his automobiles. Finds no genuine issue of material fact.

Jerry Dean Thompson v. State of Indiana (mem. dec.)
20A-CR-33
Criminal. Affirms Jerry Thompson’s aggregate 19½-year sentence for conviction of Level 3 felony kidnapping, Level 4 unlawful possession of a firearm by a serious violent felon, Level 5 felony  battery resulting in bodily injury to a public safety official, two counts of Level 6 felony invasion of privacy and Level 6 felony counts of possession of cocaine and resisting law enforcement. Finds the Marion Superior Court did not abuse its discretion when ordering Thompson’s convictions of battery resulting in bodily injury to a public safety official and resisting law enforcement be served consecutively.

Douglas Loyd Ramsey v. State of Indiana (mem. dec.)
20A-CR-507
Criminal. Affirms the denial of Douglas Ramsey’s motion to correct error challenging his jail credit time calculation. Finds the Montgomery Superior Court properly applied Ramsey’s credit time and therefore did not abuse its discretion by denying Ramsey’s motion to correct error.

D.L. v. J.H. (mem. dec.)
20A-PO-917
Protective order. Reverses a protective order issued against D.L. for the benefit of a minor, E.M.C., at the request of her next-of-kin, J.H. Finds the evidence does not support the issuance of a protective order. Remands to Clinton Superior Court with instructions to vacate the protective order.

Yapree White v. State of Indiana (mem. dec.)
20A-CR-927
Criminal. Affirms Yapree White’s conviction in Tippecanoe Circuit Court of three counts of Level 5 felony dealing in a narcotic drug and one count of Level 3 felony dealing in a narcotic drug. Finds White’s challenge to the sufficiency of the evidence amounts to nothing more than a request to assess Sergeant Brad Curwick’s credibility and reweigh the evidence, which the appellate court will  not do.

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