Sept. 30, 2026

No. 25A-CT-48

Appeal from Tippecanoe Circuit Court, Judge Sean M. Persin. The court affirmed in part, reversed in part, and remanded a case where tenant Alexandra Mai disputed charges from her apartment management company that were subsequently referred to debt collector Hunter Warfield, Inc. A jury awarded Mai $200,000 in actual damages and $1,750,000 in punitive damages for violations of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. The court upheld the denial of Hunter Warfield’s motions regarding standing and judgment on evidence, findings about the enforceability of an “As Is” lease addendum, and determined that the burden of proof for punitive damages was met. However, the court reversed the award of certain costs associated with the case. Judge Altice authored the opinion, with Judge DeBoer concurring and Judge Brown concurring in part and dissenting in part. Appellant attorneys: Crystal G. Rowe, New Albany; Matthew J. Goldsmith, Indianapolis; and David Grassi and Chad Echols, Rock Hill, S.C. Appellee attorney: Duran L. Keller, Lafayette.

No. 25A-CR-2705

Appeal from Crawford Circuit Court, Judge Justin B. Mills. The court affirmed Alexander’s convictions for three counts of contributing to delinquency as Class A misdemeanors. The evidence showed that Alexander, at age 19, provided alcohol to three minor girls at a sleepover, and the court found sufficient evidence to uphold the convictions. Alexander’s arguments regarding the sufficiency of evidence, abuse of discretion in sentencing, and the inappropriateness of the sentence were all rejected. The court noted that knowledge of a child’s age is not a required element for establishing contributing to delinquency under the relevant statute. Judge Bailey authored the opinion, with Judge Brown concurring and Judge Weissmann dissenting. Appellant attorney: Matthew J. McGovern, Fishers. Appellee attorneys: Office of the Indiana Attorney General.

No. 26A-CR-431

Appeal from Hendricks Superior Court, Judge Mark Smith. The court affirmed the conviction of Kyle Mason Kerr for seventeen counts of Level 5 felony possession of child pornography, following a bench trial. Kerr contested the admissibility of evidence obtained through the search of his cellphone, arguing the validity of a Fourth Amendment waiver he signed as a condition of probation. The court determined that the waiver was constitutionally valid and that Kerr had a diminished expectation of privacy due to his probation status. The court also found that the search was reasonable under the totality of the circumstances and did not exceed the scope of the warrant issued for the cellphone. Judge Kenworthy authored the opinion, with Judges May and Weissmann concurring. Attorneys for appellant: Grace Atwater and Joshua Moudy, Kammen & Moudy, LLC, Indianapolis. Attorneys for appellee: Office of the Indiana Attorney General.

No. 26A-CR-715

Appeal from the Adams Superior Court, Judge Samuel K. Conrad.

The court affirmed Fleming’s conviction for refusing to provide identification after being stopped by police in a park after closing hours. The evidence supported a finding that Fleming knew he was violating a city ordinance when he refused to provide his identification, as he was informed by the officer that parks close at 10:00 p.m. and engaged in a conversation suggesting he understood his situation. Judge Weissmann authored the opinion, with Judge Altice concurring and Senior Judge Baker dissenting with a separate opinion. Appellant attorney: Michael Frischkorn, Brand & Morelock, Greenfield. Appellee attorneys: Office of the Indiana Attorney General.