Opinions Sept. 20, 2021

Indiana Court of Appeals
Anthony Wilburn v. State of Indiana
Criminal. Affirms and reverses in part the denial of Anthony Wilburn’s motion to exclude evidence and his conviction of Level 2 felony burglary. Finds the Huntington Circuit Court did not abuse its discretion when it admitted a sergeant’s testimony as skilled witness opinion testimony. Also finds sufficient evidence to identify Wilburn as the perpetrator of the robbery. Finally, finds insufficient evidence to sustain Wilburn’s conviction for burglary of a business open to the public during business hours. Remands for the trial court to enter judgment of conviction for Level 3 felony robbery and to resentence Wilburn accordingly.

Kyle DeHart v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Kyle DeHart’s petition for post-conviction relief from convictions of two counts of felony murder and one count of obstruction of justice, and his 110-year sentence. Finds DeHart has failed to establish that the post-conviction court erred by finding that he received effective assistance of trial or appellate counsel.

Ricky Ward v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Ricky Ward’s motion to suppress evidence seized in a search of his car and hotel room. Finds the Marion Superior Court did not err.

Annette Emmons v. B.B.T.K.S., Inc. (mem. dec.)
Civil plenary. Affirms the Monroe Circuit Court’s order in favor of B.B.T.K.S. Inc., denying Annette Emmons an award of attorney fees. Finds the trial court did not err in its denial.

Joseph Jarboe, Smoke ‘M Jarbs, LLC and JM Newburgh, LLC, Greg Moore, Sandra Shackleford Moore, Spring Creek Subdivision, LLC v. Thompson Homes, Inc. (mem. dec.)
Civil collection. Affirms the denial of Joseph Jarboe and Smoke ‘M Jarbs LLC’s motion to set aside the default judgment granted to Thompson Homes Inc. against the Jarboe parties. Finds the Warrick Superior Court did not abuse its discretion when it denied the Jarboe parties’ motion to set aside the default judgment. Also finds the Jarboe parties have waived the argument that the trial court was required to hold a hearing on the question of damages.

S.C. v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of mother S.C.’s minor child, T.C., as a child in need of services. Finds the White Circuit Court’s CHINS adjudication pursuant to Indiana Code § 31-34-1-10 was not clearly erroneous.

Brandon D. Winn v. State of Indiana (mem. dec.)
Criminal. Affirms the Gibson Circuit Court’s finding that Brandon Winn violated the terms of his probation and the imposition of his previously suspended sentence to an aggregate of four years, with two years executed and two years suspended to probation. Finds that the state presented sufficient evidence to prove by a preponderance of the evidence that Winn violated Rule 3 of his probation and that the Gibson Circuit Court properly exercised its discretion in ordering Winn to serve the balance of his previously suspended sentence upon revocation of his probation.

Shane Querry v. State of Indiana and Dushan Zatecky (mem. dec.)
Miscellaneous. Affirms the denial of Shane Querry’s petition for post-conviction relief. Finds Querry’s claim is barred by the doctrine of res judicata.

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