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Eric Manual Montgomery v. State of Indiana
23A-CR-2052
Criminal. Affirms a jury finding Eric Montgomery guilty of rape, misdemeanor furnishing alcohol to a minor, and attempted obstruction of justice, and the imposition of an aggregate sentence of 36 years by Monroe Circuit Court Judge Valeri Haughton. Finds there was sufficient evidence to sustain Montgomery’s conviction of rape. Also finds that the trial court’s evidentiary rulings were not an abuse of its discretion and that neither its instructions to the jury nor the state’s filing of the amended charging information amounted to error, much less fundamental error. Attorney for appellant: Stacy Uliana. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General George Sherman.
Yerano Martinez and Jessica Martinez v. Jeffrey Smith, et.al.
24A-CT-1272
Civil tort. Affirms Marion Superior Court Judge John Chavis II’s order granting summary judgment to a Miami County landowner on his claim that landowners have no duty to protect motorists from conditions that remain entirely on their property and do not intrude upon the roadway. Finds that because the designated evidence establishes that the bush did not extend into the roadway, the landowner did not owe a duty of care to Yerano Martinez as a matter of law. Attorneys for appellant: Scott Faultless, Sidney Lewellen. Attorney for appellee: Sheila Sullivan.
Bruce Adams v. Freddy Lazaro
24A-PL-1165
Civil plenary. Affirms Marion Superior Court Judge John Chavis II’s order for Bruce Adams to convey an Indianapolis property to Freddy Lazaro and finding that Lazaro owed Adams $1,490.93 for unpaid property taxes. Finds Lazaro’s claim for breach of contract failed because there was no written, signed contract, and that an oral agreement between Adams and Lazaro was enforceable under the equitable doctrine of part performance. Also finds the trial court did not err in determining the doctrine of part performance applies to these circumstances. Finally, finds Adams did not meet his burden of proving prima facie error. Attorney for appellant: Steven Lammers. No attorney listed for appellee.
Marvin Moyers v. State of Indiana
24A-CR-939
Criminal. Affirms an Ohio Circuit Court jury’s finding Marvin Moyers guilty of Level 1 felony burglary, Level 2 felony burglary, Level 3 felony criminal confinement while armed with a deadly weapon, Level 4 felony criminal confinement resulting in moderate bodily injury, two counts of Level 5 felony battery, and two counts of Level 6 felony theft, and also finding Moyers guilty of a firearm enhancement and that he was a habitual offender, as well as Judge F. Aaron Negangard’s sentencing of Moyers to an aggregate term of 100 years of incarceration. Finds Moyers failed to establish a substantive double-jeopardy violation. Judge L. Mark Bailey concurs in part and dissents in part with separate opinion. Attorney for appellant: Victoria Bailey Casanova. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Steven Hosler.
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