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Indiana Court of Appeals
Carey Lee Fleener, Jr. v. State of Indiana
No. 25A-CR-2776

Appeal from the Marion Superior Court, Judge Marie L. Kern and Magistrate Heather M. Dean-Barton. Affirming in part and reversing in part, the court upheld Fleener’s conviction for criminal confinement but found his conviction for domestic battery violated substantive double jeopardy principles, thus ordering it vacated. The court determined evidence supported the conviction for criminal confinement, noting Fleener’s actions during a confrontation with his former fiancé, which resulted in bodily injury. In evaluating double jeopardy, the court found Fleener’s conduct during a short timeframe constituted a single transaction, warranting the reversal of the domestic battery conviction. Chief Judge Tavitas authored the opinion, with Judges Weissmann and Foley concurring. Appellant’s attorney: Willow Thomas, Marion County Public Defender Agency, Appellate Division, Indianapolis, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.

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Indiana Court of Appeals
VoCare, Inc. v. AGS Capital, LLC, et al.
No. 25A-CC-2413

Appeal from the Hamilton Superior Court, Judge Michael A. Casati. VoCare, Inc. appeals the trial court’s order granting summary judgment in favor of AGS Capital, LLC and other investors. The court determined that the investors established a prima facie case for breach of contract due to VoCare’s non-payment on convertible promissory notes. VoCare’s arguments regarding the illegality of the notes and impossibility of performance were deemed waived and unpersuasive, as the trial court had no opportunity to address them. The court affirmed the trial court’s order. Judge Scheele authored the opinion, with Judges Bailey and Vaidik concurring. Appellant’s attorneys: Katherine M. Haire and Anthony L. Holton, Reminger Co. LPA, Indianapolis, Indiana; and Joseph S. Simms, Reminger Co. LPA, Cleveland, Ohio. Appellee’s attorneys: Jonathan D. Mattingly and Jeffrey N. Furminger, Mattingly Burke Cohen & Biederman LLP, Indianapolis, Indiana.

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

Indiana Court of Appeals
Latrell Vaughn v. State of Indiana
No. 26A-CR-306

Appeal from the St. Joseph Superior Coirt, Judge David L. Francisco. Vaughn appeals his 40-year sentence for robbery resulting in serious bodily injury, asserting that his appeal should be permitted despite an appeal waiver in his plea agreement. The court finds that Vaughn has waived appellate review of his sentence as the waiver explicitly covered his challenges, including the firearm enhancement and the proportionality of his sentence. The court concludes that Vaughn’s arguments do not fit the exceptions to enforcing such waivers. Judge Felix authored the opinion, with Chief Judge Tavitas and Judge Bradford concurring. Appellant’s attorney: A. Robert Masters, St. Joseph County Deputy Public Defender, Nemeth, Feeney Masters & Campiti PC, South Bend, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.

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