Opinions Oct. 3, 2019

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Indiana Court of Appeals
Bart M. Betteau v. Robert Headrick and Karen Headrick (mem. dec.)
18A-MI-2610
Miscellaneous. Affirms the Floyd Superior Court’s ruling that Robert and Karen Headrick are owners of an easement allowing use of a gravel driveway that runs across Bart Betteau’s property. Finds the Headricks have a right to use the gravel driveway along the path it followed at the time the Headricks and Betteau took title to their respective properties. Also finds the trial court did not err in assessing the Headricks and Betteau each half the maintenance cost for the portion of the gravel driveway that is utilized by both parties.

Zachary Gearring v. State of Indiana (mem. dec.)
19A-CR-280
Criminal. Affirms Zachary Gearring’s conviction in Cass Superior Court of Level 5 felony battery resulting in bodily injury to a public safety officer. Finds Gearring knowingly and voluntarily waived his right to counsel. Finds the exclusion of Gearring’s witnesses did not violate his Sixth Amendment rights and that there is sufficient evidence to convict Gearring of battery.

In the Matter of T.C. (Minor Child), Child in Need of Services, and M.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-432
Juvenile CHINS. Affirms the Marion Superior Court’s grant of the Marion County Department of Child Services’ motion to dismiss without prejudice over mother, M.C.’s, objection. Finds the trial court did not abuse its discretion in granting DCS’s motion to dismiss the child in need of services petition without prejudice for child T.C.

Shelby N. Gray v. State of Indiana (mem. dec.)
19A-CR-374
Criminal. Affirms Shelby Gray’s six-year sentence for conviction of two counts of Level 5 felony assisting a criminal. Finds her sentence handed down in Madison Circuit Court is not inappropriate.

Ronald Lewis v. Lisa Livingston, Linda Brison, as Personal Representative of the Estate of Teresa Lewis, Virginia Wilson, Founders Insurance Co., Safe Auto Insurance Co. (mem. dec.)
19A-CT-428
Civil tort. Affirms the Clark Circuit Court’s denial of Ronald Lewis’ motion to amend. Finds the trial court did not abuse its discretion in denying Lewis’ motion to amend.

Wilmer Francisco Figueroa-Estrada v. State of Indiana (mem. dec.)
19A-CR-336
Criminal. Affirms Wilmer Francisco Figueroa-Estrada’s 75-year sentence for conviction of Level 2 felony kidnapping; three counts of Level 2 felony criminal confinement; Level 6 felony resisting law enforcement; Class A misdemeanor resisting law enforcement; and Class A misdemeanor carrying a handgun without a license. Finds his sentence imposed in Marion Superior Court is not inappropriate and that he waived his right to challenge his convictions by pleading guilty.

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