Search Results

Court of Appeals of Indiana
Adam Kristopher Baumholser v. State of Indiana
21A-PC-2138
Post-conviction. Affirms in part, reverses in part Adam Kristopher Baumholser’s convictions for Class A felony child molesting and two counts of class C felony child molesting and petitioned for post-conviction relief. Finds that trial counsel provided ineffective assistance by failing to move to dismiss the class C felony charges and that Baumholser is entitled to relief on that claim. Reverses on that issue but affirms in all other respects.

Court of Appeals of Indiana
Justin Yeary v. State of Indiana
21A-CR-1080
Criminal. Reverses Justin Yeary’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the drug-induced homicide statute required the state to prove the drugs sold by the defendant were both the proximate cause and the actual cause of the victim’s death and does not improperly inhibit a defendant’s ability to contest such proof. Also finds the text messages Tyler Humphrey sent in the days immediately preceding his death are relevant to the question of whether the drugs Yeary sold Humphrey caused Humphrey’s death. Finally, finds the Hamilton Superior Court’s jury instructions did not properly convey to the jury the necessity of finding Yeary’s drugs were the actual cause and proximate cause of Humphrey’s death, which resulted in reversible error. Remands for further proceedings, including the option of a retrial.