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Indiana Court of Appeals
In the Matter of the Estate of Beverly K. Webster, Deceased; Christopher D. Webster v. Fred William Webster, Christina Kay Webster, and Katie Doades, individually and as Co-Personal Representatives of the Estate of Beverly K. Webster
24A-ES-2788

Civil. Appeal from the Daviess Circuit Court, Judge Gregory A. Smith. Affirms the trial court’s orders enforcing a mediated settlement agreement resolving a will contest and estate disputes and awarding attorney fees. Holds the settlement agreement governing distribution of estate assets was ambiguous as to the scope of “all real estate” and, after considering extrinsic evidence including the decedent’s will and related agreements, the trial court did not err in interpreting the agreement to apply to 32.035 acres rather than all estate real estate. Further holds the agreement did not invalidate the decedent’s will or its specific devises, and the probate court’s approval of the compromise did not adjudicate the merits or set aside the will. Concludes Christopher Webster breached multiple provisions of the settlement agreement by failing to make required payments, dismiss the will contest, and comply with payment obligations, while Fred William Webster complied. Affirms the award of attorney fees to Fred William Webster as caused by Christopher Webster’s breach and affirms closure of the estate. Appellant’s attorneys: Adam R. Doerr and Kevin D. Koons, Kroger, Gardis & Regas, LLP; Lucas John Rowe, The Rowe Law Firm. Appellee’s attorneys: Kathryn E. DeWeese and Ryan M. Heeb, Bunger & Robertson.

Indiana Court of Appeals
Michael L. Williams v. State of Indiana
25A-CR-687

Criminal. Appeal from the Boone Circuit Court, Judge Lori N. Schein. Affirms the trial court’s denial of Michael Williams’s request for credit time for the period he was on pretrial GPS monitoring. Holds that pretrial GPS monitoring, which the trial court expressly stated was not home detention, does not constitute “imprisonment” or “confinement” under Indiana Code 35-50-6 as in effect at the time of the offenses. Concludes Williams retained substantial freedom of movement, was not subject to direct supervision comparable to confinement, and experienced restrictions typical of pretrial release rather than custodial restraint. Further holds that because Williams was not confined, he was entitled to neither accrued time nor good time credit for the GPS-monitoring period. Accordingly, affirms the trial court’s calculation of credit time and the aggregate eleven-year executed sentence. Appellant’s attorney: Allan W. Reid, Foley Panszi Law, LLC. Appellee’s attorneys: Office of the Indiana Attorney General (Theodore E. Rokita; J.T. Whitehead, Deputy Attorney General).