Opinions Aug. 21, 2020

Indiana Court of Appeals
John P. Hampton v. Audie Barber
20A-MI-143
Miscellaneous. Affirms the Delaware Circuit Court’s order granting Audie Barber’s request for a permanent injunction following his complaint for ouster of an unlawful office holder in which the court concluded that Muncie City Councilman John P. Hampton is ineligible to hold a seat on the council under Indiana Code Section 3-5-8-1(e). Finds the evidence supports the trial court’s finding that Barber has a special interest in the city council seat, and that finding supports the court’s conclusion that Barber had standing to file the complaint against Hampton. Also finds that Hampton has waived for review the issue of whether Indiana Code Section 3-8-1- 5(e)(3) violates Article 1, Section 23 of the Indiana Constitution as applied to him.

Nehemiah Merriweather v. State of Indiana
20A-CR-00565
Criminal. Affirms Nehemiah Merriweather’s aggregate 30-year sentence for conviction in Marion Superior Court of three counts of Level 4 felony burglary. Finds his sentence is not inappropriate in light of the nature of the offenses and his character.

Zackery A. Hurt v. State of Indiana
20A-CR-30
Criminal. Reverses Zackery Hurt’s conviction of Class A misdemeanor domestic battery and Class B misdemeanor disorderly conduct. Finds the Hendricks Superior Court’s admission of a victim’s hearsay statements into evidence was an error and agrees with Hurt that the challenged evidence contributed to the guilty verdict and affected his substantial rights. Remands for a new trial.

Jennifer Cook v. State of Indiana (mem. dec.)
19A-CR-3058
Criminal. Affirms Jennifer Cook’s convictions of two counts of Level 6 felony stalking. Finds the trial court acted within its discretion in admitting the testimony from Brian Brumley and that there is sufficient evidence to support the convictions. Remands for the Bartholomew Superior Court to enter a corrected victim restitution order, finding the order includes an incorrect calculation of the victim’s lost wages.

Blake Green v. State of Indiana (mem. dec.)
19A-CR-2791
Criminal. Affirms in part, reverses in part Blake Green’s convictions of rape, burglary, and criminal confinement. Finds any error in the admission of the victim’s statements through a nurse’s testimony was harmless. Finds that evidence of probative value exists from which the jury could find beyond a reasonable doubt that Green committed his crimes while armed with a deadly weapon. Remands to Tippecanoe Superior Court with instructions to enter Green’s convictions for burglary as a Level 2 felony and for criminal confinement as a Level 3 felony and to enter a new sentencing order.

Darius Shawtee McNary v. State of Indiana (mem. dec.)
20A-CR-381
Criminal. Affirms Darius McNary’s conviction of dealing in methamphetamine in the amount of 10 grams or more, a Level 2 felony; possession of methamphetamine in the amount of 28 grams or more, a Level 3 felony; dealing in marijuana weighing at least 30 grams but less than 10 pounds, a Level 6 felony; and his adjudication as a habitual offender. Finds the Vanderburgh Circuit Court did not abuse its discretion in denying Taylor’s motion to correct error and request for a new trial based on newly discovered evidence.

Tyrone Burns v. State of Indiana (mem. dec.)
19A-CR-2943
Criminal. Grants Tyrone Burns’ petition for rehearing for the limited purpose of correcting the COA’s mistake when it inadvertently erred in reciting the applicable statute when affirming his conviction in Cass Superior Court of Level 6 felony receiving stolen auto parts. However, reaffirms its previous decision in all other respects and rejects Burns’ request for a reversal.

Paul Steven Mills v. State of Indiana (mem. dec.)
20A-CR-874
Criminal. Affirms the grant of a motion for Paul Mills to be transferred to a facility of the Indiana Department of Correction pursuant to Indiana Code Section 35-33-11-1 after he was alleged to represent a substantial threat to the safety of others while housed in the Vermillion County Jail awaiting trial. Finds Mills’ assertions to the contrary are merely invitations to reweigh the evidence.

Guardianship: Michael L. Parkinson, et al. v. Heidi Smith (mem. dec.)
19A-GU-1032
Guardianship. Affirms the trial court’s award of $413,872.17 in attorney fees to Heidi Smith, over objections brought by Michael L. Parkinson regarding the guardianship of Smith’s grandfather. Finds that the appellants’ claims in Tippecanoe Circuit Court relating to bad faith and estoppel are without merit.

Justin Duane Kramer v. State of Indiana (mem. dec.)
19A-CR-2995
Criminal. Affirms Justin Kramer’s 40-year sentence for conviction of Level 1 felony child molesting. Finds Kramer has failed to demonstrate that his enhanced sentence is inappropriate.