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Indiana Court of Appeals
Michael Steury v. State of Indiana
23A-CR-2380
Criminal. Affirms Michael Steury’s convictions in Allen Superior Court of Level 3 felony rape and Level 6 felony sexual battery. Finds the trial court did not abuse its discretion when it denied Steury’s second proposed jury instruction because the term “unaware” in the rape statute does not have a technical or legal definition different from its plain and ordinary meaning and the proposed instruction risked confusing the jury. Also finds the trial court also did not abuse its discretion in rejecting Steury’s third proposed instruction because the content of that instruction was covered by the other instructions given by the trial court and the instruction conflated the elements of Count II and Count III. Finally, finds the state presented sufficient evidence to sustain Steury’s convictions.

Indiana Court of Appeals
Maurice McGraw, Jr. v. State of Indiana
24A-CR-16
Criminal. Affirms Maurice McGraw’s convictions in Marion Superior Court of Level 5 felony domestic battery causing serious bodily injury and Level 6 felony domestic battery occurring in the presence of a child, and his sentence of six year in prison with three years suspended to probation. Finds McGraw has failed to establish a substantive double-jeopardy violation.  Judge Terry Crone concurs with opinion and Judge Elizabeth Tavitas concurs in part and dissents in part with opinion.