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Timothy C. Troxel v. Dale Ward, successor in interest to original Plaintiff, Plan Administrators, Inc.
18A-PL-597
Civil plenary. Reverses the LaPorte Circuit Court’s denial of Timothy Troxel’s Trial Rule 60(B) motion to set aside the sale of his stock in an Indiana corporation to satisfy default judgment against him by a Wisconsin corporation. Finds because Troxel was not properly served with notice of the Wisconsin lawsuit, the Wisconsin court did not have personal jurisdiction over him. Therefore, the Wisconsin judgment and any Indiana orders based upon it are void.
Brittany L. Loftin v. State of Indiana (mem. dec.)
18A-CR-934
Criminal. Affirms the Elkhart Superior Court’s denial of Brittany Loftin’s appeal claiming that Judge Kristine Osterday did not have jurisdiction to sentence her pursuant to Indiana Trial Rule 63. Finds Osterday’s sentencing order of Loftin is not void.
Dwayne E. Gray v. PPS of Indiana, LLC, and State Farm Fire and Casualty Co. (mem. dec.)
49A02-1712-PL-2799
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment in favor of State Farm Fire and Casualty Company on Dwayne E. Gray’s complaint for damages. Finds the trial court correctly entered judgment in State Farm’s favor. Also finds the trial court did not violate Gray’s due process rights.
Philip D. Hartsough v. State of Indiana (mem. dec.)
18A-CR-545
Criminal. Affirms Philip Hartsough’s conviction of Level 5 felony possession of methamphetamine. Finds the State presented sufficient evidence that the methamphetamine found on the ground near Hartsough’s feet during his arrest belonged to him.
In the Matter of J.I., Child in Need of Services, L.I., Mother v. Indiana Department of Child Services (mem. dec.)
18A-JC-617
CHINS. Affirms the Dearborn Circuit Court’s order adjudicating J.I. as a child in need of services. Finds the Department of Child Services presented sufficient evidence to support the CHINS determination.
Donnell Howard, Jr. v. State of Indiana (mem. dec.)
18A-CR-344
Criminal. Affirms Donnell Howard’s 15-year sentence for conviction of Level 5 and Level 3 felonies resisting law enforcement. Finds Howard’s sentence is not inappropriate in light of the nature of the offenses and his character. Finds Howard’s convictions do not violate federal and state constitutional prohibitions against double jeopardy. Also finds the trial court did not abuse its discretion while sentencing Howard.
Calvin McKeller v. State of Indiana (mem. dec.)
18A-PC-570
Post conviction. Affirms the Marion Superior Court’s denial of Calvin McKeller’s petition for post-conviction relief. Finds McKeller was not denied effective assistance of trial counsel. Also finds he has not shown that he entered an involuntary plea.
Ricky A. McQueen v. State of Indiana (mem. dec.)
18A-CR-121
Criminal. Affirms the Decatur Circuit Court’s revocation of Ricky McQueen’s probation and order to serve the remainder of his suspended probation in the Department of Corrections.
David Paul Jackson v. State of Indiana (mem. dec.)
18A-CR-644
Criminal. Affirms the Marion Superior Court’s revocation of David Jackson’s placement in community corrections and probation. Finds the trial court did not abuse its discretion by ordering Jackson to serve the balance of his 10-year suspended sentence.
Sylvanus Paelay v. State of Indiana (mem. dec.)
18A-CR-387
Criminal. Affirms Sylvanus Paelay’s conviction of two counts of Class A misdemeanor resisting law enforcement. Finds there was sufficient evidence to prove Paelay forcibly resisted law enforcement.
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