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James Witham v. Michael G. Steffan, as Personal Representative of the Estate of Gerald W. Rogers, et al.
18A-TR-2914
Trust. Reverses on interlocutory appeal the dismissal of Witham’s petition to contest a will. The trial court erred in dismissing Witham’s petition with prejudice as wrongfully filed, finding that the trial court instead should have transferred the matter to the appropriate court. Remands with instructions to transfer the case to Lake Superior Court for further proceedings.
N.G. v. State of Indiana
19A-XP-637
Expungement. Majority affirms the denial of N.G.’s petition to expunge his 2006 conviction of Class D felony theft. Holds as a matter of first impression that a person must wait five years after the conversion of a Class D felony conviction to a misdemeanor conviction to petition for expungement. N.G.’s petition was therefore untimely because the conversion took place in 2018. Judge John Baker dissents and would remand to the Elkhart Superior Court with instructions to grant the expungement based on N.G.’s original conviction date, finding the majority’s ruling “unjust and ill-advised.”
Calvin Lowery v. State of Indiana (mem. dec.)
18A-CR-2991
Criminal. Affirms Calvin Lowery’s conviction of Level 4 felony dealing in cocaine or a narcotic drug with a prior conviction. The LaPorte Superior Court did not err in failing to grant a continuance and the evidence is sufficient to support Lowery’s conviction.
Kenneth Dwayne Lee, Jr. v. State of Indiana (mem. dec.)
19A-CR-502
Criminal. Affirms the 12-year sentence imposed by Marion Superior Court, finding Kenneth Lee failed to show the sentence is inappropriate in light of his character and the nature of the offense after his conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon.
Christopher B. Elliott v. First String Products LLC, First String USA, and Firststring LLC (mem. dec.)
18A-PL-1450
Civil plenary. Affirms the Johnson Superior Court’s grant of summary judgment in favor of First String in Christopher Elliott’s product liability and personal injury complaint, finding the trial court did not err in excluding testimony of one of Elliott’s expert witness or in granting summary judgment.
Robert Barger v. State of Indiana (mem. dec.)
19A-CR-494
Criminal. Affirms the Putnam Superior Court’s denial of Robert Barger’s motion to dismiss criminal charges against him. Finds that while the panel did not condone the process used to appoint Barger’s counsel, it is compelled to affirm.
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