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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
C.U. v. State of Indiana (mem. dec.)
23A-JV-2073
Juvenile. Affirms the Lake Superior Court’s finding that C.U. had violated the terms of her placement and order that she be a ward of the Indiana Department of Correction. Finds the juvenile court did not abuse its discretion by making her a ward of the DOC.
Eddie Lee Wade, Jr. v. State of Indiana (mem. dec.)
23A-CR-810
Criminal. Affirms Eddie Lee Wade’s convictions for Level 5 felony battery and Class A misdemeanor domestic battery following a jury trial in St. Joseph Superior Court. Finds that Wade’s four-year sentence is not inappropriate. Also finds the state presented sufficient evidence to support his convictions.
Bie Ma Dau v. State of Indiana (mem. dec.)
23A-CR-2435
Criminal. Affirms Bie Ma Dau’s aggregate nine-year sentence after pleading guilty in Johnson Circuit Court to Level 4 felony operating a vehicle while intoxicated causing serious bodily injury and Level 5 felony operating a vehicle while a habitual traffic violator causing serious bodily injury. Finds that his convictions do not violate the prohibitions against double jeopardy and that his sentence is appropriate.
Brandon K. Williams v. State of Indiana (mem. dec.)
23A-CR-2050
Criminal. Affirms Brandon Williams’ conviction in Allen Superior Court for attempted murder, a Level 1 felony. Finds the evidence is sufficient to sustain Williams’ conviction.
Jonathan Russell v. Keri Russell (mem. dec.)
23A-DC-2344
Domestic relations with children. Affirms the Dearborn Superior Court’s s calculation of Jonathan Russell’s child support arrearage owed to Keri Russell. Finds the father has failed to demonstrate that the trial court’s calculation was clearly erroneous when it calculated his child support arrearage as $57.04.
Real Estate Network, Inc. v. Charity Tabernacle Apostolic Church, Inc. v. James E. Chalfant (mem. dec.)
23A-CC-569
Civil collections. Affirms that the Marion Superior Court properly applied the $12,500 payment to reduce the outstanding balance of a second contract, but it erred in applying the $5,000 credit. Reverses the court’s application of the $5,000 credit referenced in the first contract. Remands for a determination of the amount due to Real Estate Network, Inc. on the complaint.
David Vass v. Barklay Purkans, LLC (mem. dec.)
23A-EX-2090
Administrative appeal, Affirms the decision of the Full Worker’s Compensation Board of Indiana that David Vass reached maximum medical improvement on Dec. 12, 2017, and thus was not entitled to additional temporary total disability benefits. Finds that state law grants the board discretion to award additional medical treatment – palliative care – to reduce pain and limit the extent of an employee’s permanent impairment. Also finds Vass has not established error by the board.
Carlos M. Wilson v. State of Indiana (mem. dec.)
23A-CR-2332
Criminal. Affirms Carlos Wilson’s conviction in Lake Superior Court of Level 3 felony robbery and his 10-year sentence. Finds the trial court did not err in finding as an aggravator that Alfonso Reyes has suffered “continuing psychological consequences” as a result of the crime.
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