Opinions Oct. 9, 2018

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Indiana Court of Appeals
James Wade Baker, Jr. v. State of Indiana
30A01-1710-CR-2511
Criminal. Affirms James Baker’s conviction of Level 6 felony resisting law enforcement by use of a vehicle and Class A misdemeanor driving while suspended with a prior similar offense within the past 10 years. Finds the Hancock Superior Court erred in admitting hearsay evidence from Deputy Kevin Stickford but noted the hearsay evidence was harmless and did not contribute to the jury’s verdict. Also finds the state erred when it asked Baker a question before reading him his Miranda rights. Finds there is sufficient evidence to support the conviction based on eyewitness testimony.

St. Mary's Ohio Valley Heart Care, LLC, et al. v. Derek F. Smith
82A05-1711-PL-2594
Civil plenary. Reverses the Vanderburgh Circuit Court’s denial of St. Mary’s Ohio Valley Heart Care and other healthcare providers’ motions for summary judgment in Derek F. Smith’s medical malpractice lawsuit. Finds the trial court erred in denying summary judgment because Smith presented no expert testimony rebutting the conclusion of a medical review panel’s findings in favor of the providers.

Darius Lea v. State of Indiana (mem. dec.)
18A-CR-1004
Criminal. Affirms Darius Lea’s conviction of Class A misdemeanor possession of a handgun without a license. Finds the Allen Superior Court did not err in admitting evidence obtained during the investigatory stop and pat down.

Obed Nyarenchi v. State of Indiana (mem. dec.)
18A-PC-409
Post-conviction. Affirms the Marion Superior Court’s denial of Obed Nyarenchi’s petition for post-conviction relief from his conviction of attempted murder and burglary. Finds the trial court did not err in its denial of his petition.

Katie Haney v. Space Walk, Space Walk of Fishers, Shawn Burgess, Angie Burgess (mem. dec.)
18A-CT-33
Civil tort. Affirms the Delaware Circuit Court’s grant of summary judgment in favor of Space Walk of Fishers after an incident in which Katie Haney sustained a spinal fracture after going down an inflatable Space Walk water slide. Finds the trial court did not improperly grant summary judgment in favor of Space Walk.

Charles D. Burrage v. State of Indiana (mem. dec.)
02A04-1712-CR-2877
Criminal. Affirms Charles Burrage’s conviction for Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor resisting law enforcement. Finds the Allen Superior Court did not abuse its discretion when it admitted the firearm into evidence at trial. Finds there is sufficient evidence to support the conviction.

Louis G. Coulter v. State of Indiana (mem. dec.)
18A-CR-34
Criminal. Affirms Louis Coulter’s aggregate 100-year sentence for conviction of three counts of Level 1 felony child molesting and Coulter’s admission of being a repeat sexual offender. Finds the Elkhart Superior Court did not abuse its discretion by allowing into evidence certain testimony related to pornographic videos that Coulter had viewed on his computer. Finds there is sufficient evidence to sustain the convictions. Affirms that Coulter’s sentence is not inappropriate in light of the nature of his offenses or his character.  

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