Opinions Sept. 23, 2020

Indiana Court of Appeals
Bryan L. Flowers v. State of Indiana
Criminal. Affirms Bryan Flowers’ aggregate 85-year sentence for conviction of murder. Finds the Allen Superior Court did not abuse its discretion and that the sentence is not inappropriate based on the nature of the offense and Flowers’ character.

S.V. v. T.B. (mem. dec.)
Protective order. Affirms the issuance of a protective order in St. Joseph Superior Court against S.V. in favor of T.B. Finds sufficient evidence to support the grant of the protective order.

Cory Richard Webster v. State of Indiana (mem. dec.)
Criminal. Affirms the Allen Superior Court’s order revoking Cory Webster’s probation, its order that he serve his one-year suspended sentence and its denial of his motion to correct erroneous sentence. Finds Webster has failed to show that the trial court abused its discretion.

Daniel M. Krum v. State of Indiana (mem. dec.)
Criminal. Affirms Daniel Krum’s aggregate 1,275-day sentence in the county jail for conviction of Level 6 felony invasion of privacy, three counts of Class A misdemeanor invasion of privacy and Class B misdemeanor harassment.  Finds no abuse of the trial court’s discretion.

Empire Auto Group v. Gerald A. Whittaker (mem. dec.)
Small claims. Affirms the Marion Small Claims Court’s judgment in favor of Gerald Whittaker. Finds that because Whittaker did not breach the contract, Empire was required to return the vehicle and pay for the repairs or to return Whittaker’s $4,000 down payment. Also finds Empire did neither and, thereby, breached its duty to Whittaker. Thus, finds the small claims court did not err in entering judgment for Whittaker on Whittaker’s breach of contract claim and Empire’s counterclaim.

In the Matter of the Civil Commitment of M.L. v. Madison State Hospital (mem. dec.)
Mental health. Affirms in the involuntary regular commitment of M.L., finding there was sufficient evidence in Elkhart Superior Court that M.L. was gravely disabled.

Russell Rouzier v. State of Indiana (mem. dec.)
Post conviction. Affirms the Marion Superior Court’s denial of Russell Rouzier’s petition for post-conviction relief. Finds Rouzier has waived all his arguments.

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