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Court of Appeals of Indiana
Derek Fingers v. Robert Carter, et al. (mem. dec.)
23A-PL-132
Civil plenary. Affirms the LaPorte Superior Court’s summary judgment in favor of Robert Carter and others. Finds there is no genuine issue of material fact that Derek Fingers failed to exhaust his administrative remedies prior to bringing his cause of action pursuant to 42 U.S.C. § 1983. Also finds the trial court properly concluded that his claims are barred.
Andrew U.D. Straw v. State of Indiana (mem. dec.)
23A-PL-775
Civil plenary. Affirms the Monroe Circuit Court’s denial of Andrew U.D. Straw’s motion to amend his complaint against the state of Indiana. Finds the appeal is an inappropriate attempt to challenge the Indiana Supreme Court’s prior suspension of his law license. Also finds the trial court did not err in denying Straw’s motion to amend.
Aiden C. Burkins v. State of Indiana (mem. dec.)
22A-CR-1867
Criminal. Affirms Aiden Burkins’s 95-year sentence for murder, Level 1 felony attempted murder, Level 6 felony criminal recklessness and Class B misdemeanor marijuana possession. Finds none of Burkins’s arguments have merit. Also finds Burkins has failed to persuade the court that the nature of his offenses and his character justify a more lenient sentence.
Tristain D. Riley v. State of Indiana (mem. dec.)
23A-CR-462
Criminal. Affirms Tristain Riley’s five Level 3 robbery convictions. Finds the state presented sufficient evidence to support his convictions. Reverses Riley’s sentence and remands the trial court to impose maximum sentences for Counts 1 and 4 to run consecutively and the sentences for Counts 5, 6, and 8 to run concurrently with those for Counts 1 and 4 and with each other, for an aggregate sentence of 28 years, with 20 years executed to the Indiana Department of Correction, five years in community corrections and three years suspended to probation. Finds Riley’s aggregate 58-year sentence is inappropriate.
Amy D. Thornbury v. State of Indiana (mem. dec.)
22A-CR-2195
Criminal. Affirms Amy Thornbury’s conviction of possession of methamphetamine, which was elevated to a Level 5 felony based on evidence that Thornbury had a prior conviction for drug dealing. Finds there was sufficient evidence identifying Thornbury as the convicted person of the prior drug-dealing offense.
Chari Lorene Vance v. State of Indiana (mem. dec.)
23A-CR-648
Criminal. Affirms the sanction imposed by the Marshall Superior Court for Chari Lorene Vance’s violation of probation. Finds her history of violating her conditions of probation supports the trial court’s chosen sanction.
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