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Sandra A. King and Danielle D. Benge v. Dan Dejanovic and Alice Dejanovic
20A-PL-2366
Civil plenary. Affirms the order for Sandra A. King and Danielle D. Benge to remove or reduce the size of their pole barn within 90 days. Finds that even though there are other violations of the covenants in the subdivision, they are on the “other” side of the subdivision and “not practically within sigh” of the property owned by Dan and Alice Dejanovic. Also finds the Dejanovics’ failure to object to the other violations does not deprive them of the right to enforce the covenant for a violation right next door that directly interferes with the use and enjoyment of their property.
Jason L. Sowers v. State of Indiana (mem. dec.)
20A-CR-2091
Criminal. Affirms Jason L. Sowers’ 18-year sentence for his conviction of four felonies related to drug dealing and possession. Finds the Clinton Circuit Court did not commit fundamental error when it failed to ask Sowers about making a statement before his sentence was pronounced. Also finds his sentence is not inappropriate.
Todd Riggs v. State of Indiana (mem. dec.)
20A-CR-2210
Criminal. Affirms Todd Riggs’ conviction of Class B misdemeanor battery. Finds there was sufficient evidence to rebut Riggs’ claim of self-defense.
James R. Melton v. State of Indiana (mem. dec.)
20A-CR-2045
Criminal. Affirms James Melton’s convictions of Level 6 felony pointing a firearm and Level 5 felony battery by means of a deadly weapon. Finds Melton failed to raise the issue of the voluntariness of his actions at trial and is precluded from raising the issue for the first time on appeal.
Jonathon W. Brewster v. State of Indiana (mem. dec.)
20A-CR-1853
Criminal. Affirms the partial denial of Jonathon W. Brewster’s motion to exclude recordings of his jailhouse phone conversations with his adult daughter, Hannah West, during his trial on multiple charges including three counts of Level 1 felony child molesting. Finds the redaction of West’s vouching statements will not compel Brewster to testify at trial to explain his responses in violation of his Fifth Amendment rights. Also finds the recordings’ considerable probative value is not substantially outweighed by the danger of unfair prejudice and misleading the jury. Finally, finds the Vigo Superior Court did not abuse its discretion.
In re Estate of Ray Thomas Wycoff, Belinda Wycoff and John Manley v. Brookville Mobile Estates, LLC (mem. dec.)
20A-EU-2379
Estate, unsupervised. Reverses the order finding Brookville Mobile Estates LLC is entitled to an order authorizing it to sell a trailer owned by John Manley at public auction, an order authorizing it to credit bid the amount of its judgment at such sale, and an in personam judgment in its favor against Manley and Belinda Wycoff in the amount of $12,696.50 plus post-judgment interest at a rate of 8%, as well as a $3,500 lien plus attorney fees. Finds Brookville did not present evidence demonstrating that it made an offer within 72 hours or that it otherwise expressed an intent to purchase the trailer, so it did not timely exercise its right of first refusal and rejected the purchase offer presented by Wycoff. Also finds the Marion Superior Court erred in ordering a lien of liquidated damages plus attorney fees. Finally, finds neither Wycoff nor Manley suffered a pecuniary loss under the Crime Victims Relief Act. Remands for an order that Manley have immediate possession of and title to the trailer.
Ryan C. McGee v. G.B. (mem. dec.)
20A-PO-2385
Protective order. Affirms the issuance of a protective order against Ryan C. McGee and in favor of his estranged wife G.B. Finds the evidence is sufficient to support the issuance of the order.
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