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Opinions Jan. 25, 2023

Court of Appeals of Indiana
State of Indiana, acting by and through its Department of Natural Resources v. Kailee M. Smith (now Leonard) and Jeffrey S. McQuary
22A-MI-685
Miscellaneous. Reverses the judgment in favor of Kailee Leonard on her suit against the state of Indiana for indemnification. Finds the state did not waive its challenge to the noncriminality of Officer Scott Johnson’s actions in procuring Leonard’s false arrest. Also finds the falsehood finding does not support the Marion Superior Court’s conclusion that Johnson’s actions were “noncriminal” under the indemnification statute.

Opinions Jan. 24, 2023

Keesha R. Johnson v. State of Indiana
22A-CR-427
Criminal. Affirms Keesha R. Johnson’s conviction of Class A misdemeanor criminal recklessness. Finds that the Marion Superior Court violated Johnson’s federal and state constitutions rights of confrontation when the court required the witnesses to wear masks while testifying, but the violations of Johnson’s constitutional rights were harmless.

Opinions Jan. 23, 2023

Court of Appeals of Indiana
Megan M. Smith v. State of Indiana (mem. dec.)
22A-CR-1166
Criminal. Affirms Megan M. Smith’s convictions of Class A misdemeanor domestic battery and Class A misdemeanor invasion of privacy. Finds Smith did not preserve her argument that the Knox Superior Court could not consider the record of proceedings on the order for protection, nor is there any fundamental error on that issue. Also finds the state presented sufficient evidence.