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Indiana Court of Appeals
Douglas Hicks v. Rebecca Hicks
No. 25A-DC-2054

Appeal from the Wayne Circuit Court, Judge April R. Drake. Douglas Hicks appeals the trial court’s dissolution of his marriage to Rebecca Hicks, arguing that the trial court abused its discretion in dividing the marital estate. The court found that the division was inequitable, as it awarded a slight advantage to husband based solely on income disparities, failing to address all statutory factors for such a division. The appellate court ruled that the trial court’s plan for handling the marital residence, contingent on its sale, would result in the husband receiving only 4% of the marital estate if sold, which the appellate court found to be clearly erroneous. The appellate court thus reversed the trial court’s decision and remanded for further proceedings consistent with this opinion. Chief Judge Tavitas authored the opinion, with Judges Weissmann and Foley concurring. Appellant’s attorneys: Alexander N. Moseley and Adrian Deneen, Dixon & Moseley P.C., Indianapolis, Indiana. Appellee’s attorney: Christopher T. Armour, BBFCS Attorneys, Richmond, Indiana.

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Indiana Court of Appeals
DeJuan Lamar Kelley v. State of Indiana
No. 25A-CR-1454

Appeal from the Monroe Circuit Court, Judge Valeri Haughton. DeJuan Kelley, after facing a mistrial in his first murder trial, was retried and convicted of reckless homicide and carrying a handgun without a license. Kelley appealed, arguing that his retrial violated procedural double jeopardy and that the trial court abused its discretion in sentencing him. The court affirmed the trial’s judgment, finding that the mistrial was justified by manifest necessity due to defense counsel’s improper remarks, which violated the court’s order in limine against character evidence. The court held that Kelley’s retrial did not violate double jeopardy principles. Additionally, Kelley’s challenge to his sentencing was deemed moot as he had already served his sentence. Chief Judge Tavitas authored the opinion, with Judge Foley concurring and Judge Weissmann dissenting, critiquing the majority’s justification for the mistrial. Appellant’s attorney: Rachel M. Rogers, Monroe County Public Defender, Bloomington, Indiana. Appellee’s attorney: Office of the Indiana Attorney General

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Indiana Court of Appeals
Erica Anders, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff
No. 25A-CR-3171

Appeal from the Marion Superior Court, Magistrate Matthew E. Symons and Judge Helen W. Marchal. Erica Anders was found guilty of battery resulting in bodily injury. On appeal, Anders contended there was a material variance between the charging information and the evidence presented at trial, asserting that this variance prejudiced her defense. The court disagreed and affirmed the trial court’s decision, concluding that the specific terms used in the charge were surplusage and did not affect the charge’s validity. The court found no material variance because Anders had sufficient notice of the charges to prepare her defense, which did not rely on the precise nature of the alleged touching. Chief Judge Tavitas authored the opinion, with Judges Bradford and Felix concurring. Appellant’s attorney: Steven J. Halbert, Indianapolis, 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.