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Indiana Supreme Court
Blake Layman & Levi Sparks v. State of Indiana
20S04-1509-CR-548.
Criminal. Vacates conviction of murder and remands for entry of conviction of Class B felony burglary and for Layman and Sparks to be resentenced accordingly. Members of the “Elkhart 4,” Layman and Sparks were convicted of murder in the death of Danzele Johnson, who was shot by a homeowner whose house the suspects burglarized. There was simply nothing about the Appellants’ conduct or the conduct of their cohorts that was ‘clearly the mediate or immediate cause’ of their friend’s death, the court held.
Anthony P. Sharp, Jr. v. State of Indiana
20S04-1509-CR-549
Criminal. Vacates conviction of murder and remands for entry of conviction of Class B felony burglary and for Sharp to be resentenced accordingly, applying its holding in Blake Layman & Levi Sparks v. State of Indiana, 20S04-1509-CR-548.
Indiana Court of Appeals
Founders Insurance Company v. Mark May, Pamela Coomer, and Roger W. Hoke as the Personal Representative of the Estate of Brian Hoke, deceased
49A02-1501-PL-8
Civil plenary. Reverses trial court denial of a motion for summary judgment in favor of Founders Insurance on claims by the estate of Brian Hoke, who was killed as he rode a bicycle that was hit by a car driven without permission by unlicensed motorist Pamela Coomer. Majority judges Margret Robb and Paul Mathias held the exclusions in the insurance contract are clear and unambiguous and do not violate public policy and are therefore enforceable. Founders is entitled to summary judgment as to all parties. Dissenting Judge Melissa May held that the majority’s holding has the effect of depriving pedestrians, bicyclists and other non-drivers of recovery that would remain available to motorists involved in traffic accidents. This would lead to harsh and unfair outcomes, May wrote.
CaNon Harper v. State of Indiana (mem. dec.)
10A05-1407-PC-343
Post conviction. Affirms denial of post-conviction relief.
In the Matter of the Term. of the Parent-Child Relationship of: Br. H. & Be.H. and C.H. v. The Ind. Dept. of Child Services (mem. dec.)
79A05-1412-JT-602
Juvenile. Affirms termination of parental rights.
Robert Horner v. State of Indiana (mem. dec.)
71A03-1501-CR-10
Criminal. Affirms convictions of Level 6 felony intimidation and Class A misdemeanor battery.
U.S. Bank Trust National Association, as Trustee of American Homeowner Preservation Trust Series 2014A, Rex A. Wells v. Tera Klutz and Susan Orth (mem. dec.)
02A05-1503-MI-122
Miscellaneous. Reverses order denying U.S. Bank Trust’s motion to intervene as the mortgage holder of a property that was purchased at a tax sale and produced an $11,000 surplus. Remands to the trial court for proceedings to determine whether U.S. Bank Trust or the purchaser is entitled to the surplus funds.
Jonathan Finley v. State of Indiana (mem. dec.)
49A05-1503-CR-88
Criminal. Affirms conviction of Class D felony theft.
In the Matter of the Term. of the Parent-Child Relationship of M.C. and K.P. and C.C. v. The Ind. Dept. of Child Services (mem. dec.)
23A04-1503-JT-114
Juvenile. Affirms termination of parental rights.
In the Matter of the Term. of the Parent-child Relationship of: M.R.H. and M.M.E. and V.L.E. v. The Ind Dept. of Child Services (mem. dec.)
79A04-1502-JT-51
Juvenile. Affirms termination of parental rights.
Jevon Deandre Ollins v. State of Indiana (mem. dec.)
79A02-1502-CR-76
Criminal. Affirms four-year executed sentence and conviction of Class C felony battery resulting in serious bodily injury.
Marcus Hamilton v. State of Indiana (mem. dec.)
49A05-1502-CR-76
Criminal. Affirms four-year executed sentence and conviction of Level 5 felony battery.
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