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Mathew W. McCallister v. State of Indiana
87S00-1609-LW-497
Life without parole. Affirms Mathew McCallister’s convictions of murder and conspiracy to commit murder and his sentence to life without parole. Finds McCallister’s convictions were supported by sufficient evidence. Also finds the Warrick Superior Court did not commit reversible error in admitting evidence. Finally, finds McCallister’s LWOP sentence is neither unlawful nor improper.
Indiana Court of Appeals
James Saylor v. State of Indiana (mem. dec.)
47A04-1611-CC-2641
Civil collection. Remands the state’s complaint against James E. Saylor for the recovery of unemployment benefits with instructions to vacate default judgment against Saylor. Finds service of process on Saylor was inadequate, so the Lawrence Circuit Court did not acquire personal jurisdiction over him and the default judgment against him is void. Also finds the trial court erred in denying Saylor’s Indiana Trial Rule 60(B) motion for relief from judgment.
Malik Lewis v. State of Indiana (mem. dec.)
49A02-1706-CR-1291
Criminal. Affirms Malik Lewis’ convictions of Level 6 felony escape and Class A misdemeanor theft and his sentence to an aggregate of 496 days. Finds the Marion Superior Court did not err in denying Lewis’ motion to dismiss. Also finds there was sufficient evidence to sustain Lewis’ theft conviction. Remands to the trial court to amend the sentencing order to reflect Lewis’ correct sentence of 365 days for his theft conviction.
Deshawn Hutcherson v. State of Indiana (mem. dec.)
29A04-1708-CR-1698
Criminal. Affirms Deshawn Hutcherson’s conviction of failure to return to lawful custody as a Level 6 felony. Finds the Hamilton Superior Court judge did not err by failing to recuse himself sua sponte.
Michael Farrell v. Elva Farrell (mem. dec.)
29A05-1709-DR-2045
Domestic relation. Affirms and reverses in part the Hamilton Superior Court’s decree of dissolution of the marriage of Michael and Elva Farrell. Finds the trial court did not err in awarding joint legal custody or abuse its discretion in ordering Michael Farrell to pay the costs of the parenting coordinator, or in awarding Elva Farrell physical custody of the children. Also finds the trial court did not abuse its discretion in the division or valuation of marital property, or in ordering Michael Farrell to make payments on certain expenses. Finally, finds the trial court did not abuse its discretion in determining Michael Farrell’s child support obligation or spousal maintenance. Remands for an amended order that does not grant either party decision-making authority inconsistent with the award of joint legal custody, does not impose sanctions for contempt and includes an amended schedule of property.
Robert D. Coleman v. State of Indiana (mem. dec.)
11A01-1705-CR-934
Criminal. Affirms Robert D. Coleman’s convictions of Level 3 felony conspiracy to commit armed robbery, Level 4 felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor carrying a handgun without a license and Class A misdemeanor false identity statement, and his sentence to an aggregate of 25 years. Finds the Clay Superior Court did not commit reversible error in the admission of certain exhibits during trial. Also finds Coleman failed to meet his burden of establishing his sentence is inappropriate.
In the Matter of the Termination of the Parent-Child Relationship of E.R., M.R., and K.R., Minor Children, and T.R., Mother v. The Indiana Department of Child Services (mem. dec.)
49A02-1708-JT-1929
Juvenile termination of parental rights. Affirms the involuntary termination of T.R.’s parental rights to E.R., M.R. and K.R. Finds the Marion Superior Court’s judgment terminating T.R.’s parental rights was supported by clear and convincing evidence.
State of Indiana, et al. v. Martin Ferrell (mem. dec.)
45A03-1707-MI-1649
Miscellaneous. Reverses the denial of the state of Indiana and Indiana Bureau of Motor Vehicle’s motion to correct error after the Lake Circuit Court granted specialized driving privileges to Martin Ferrell. Finds the state and BMV demonstrated prima facie error in the denial of their motion to correct error. Also finds Ferrell’s specialized driving privileges must be revoked and his two-year suspension must be reinstated. Remands for further proceedings.
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