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Court of Appeals of Indiana
Devante Shakur Foster v. State of Indiana
No. 25A-CR-325

Appeal from the Marion Superior Court, Judge Angela Dow Davis. Following a jury trial, Devante Foster was convicted of multiple offenses including armed robbery and kidnapping stemming from robberies of two armored vehicles. The court affirmed Foster’s convictions for armed robbery but remanded the case to the trial court to reverse his theft, kidnapping and criminal confinement convictions, citing substantive double jeopardy concerns since the acts constituted a single transaction. The court also found that while there was prosecutorial misconduct during closing arguments, it did not rise to the level of fundamental error. Foster’s constitutional rights regarding cross-examination were not violated, as the trial court acted within its discretion to limit questions that could elicit perjury. Chief Judge Tavitas authored the opinion, with Judges Kenworthy and DeBoer concurring. Appellant’s attorney: Sarah Medlin, Marion County Public Defender Agency, Appellate Division, Indianapolis, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.

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Court of Appeals of Indiana
Michael Cline and Jacob Sofronko, Appellants-Plaintiffs v. Everest National Insurance Company, Appellee-Defendant
No. 25A-CT-1976

Appeal from the Jay Superior Court, Judge Gail M. Dues. The Court affirmed the trial court’s judgment in favor of Everest National Insurance Company, determining that the maximum underinsured motorist (UIM) coverage available to Michael Cline and Jacob Sofronko is $700,000 after a setoff for the $300,000 payment from the tortfeasor’s insurance. The court found no genuine issue of material fact, agreeing with the trial court’s interpretation of the UIM policy, which states that UIM coverage limits are reduced by any amounts paid by those legally responsible for the accident. Judge Kenworthy authored the opinion, with Judges Bradford and Pyle concurring. Attorneys for appellant (Cline): Jason A. Shartzer, Shannon B. Mize, Shartzer Law Firm LLC, Indianapolis, Indiana. Appellee’s attorneys: Pamela A. Paige, Plunket Cooney PC, Indianapolis, Indiana; and Stephen P. Brown, Plunket Cooney PC, Bloomfield Hills, Michigan.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Court of Appeals of Indiana
Clifford Vance v. State of Indiana
No. 25A-CR-1741

Appeal from the Clark Circuit Court, Judge Bradley Jacobs. Clifford Vance appealed his convictions for drug-related offenses, arguing that the officers’ entry into and search of his motel room violated his rights under Article 1, Section 11 of the Indiana Constitution. The Court agreed, emphasizing that the officers’ degree of concern was low, the intrusion was moderate to high, and the law enforcement need was modest. The Court found that the State failed to demonstrate the reasonableness of the search, concluding that the trial court erred in admitting the evidence found, and ultimately reversed Vance’s convictions. Judge Vaidik authored the opinion, with Judge DeBoer concurring and Chief Judge Tavitas concurring in result with a separate opinion. Appellant’s attorney: Matthew J. McGovern, Fishers, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.