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Randy Rogers v. State of Indiana
18A-CR-3023
Criminal. Affirms Randy Rogers’ conviction in Marion Superior Court of Class A misdemeanor invasion of privacy, finding that text messages sent for his phone to his victim were properly admitted as evidence in his bench trial.
18A-MI-2150
Miscellaneous. Reverses the denial of Indiana Land Trust’s motion to set aside a tax deed and quiet title judgment. Finds that the LaPorte Superior Court erred in finding Indiana Land Trust’s challenge to results of a tax sale for which lacked notice were untimely filed. Further finds the LaPorte County auditor failed to comply with tax sale due process requirements by failing to search its records for the correct address to notify Indiana Land Trust. Remands for proceedings.
M.J. v. State of Indiana (mem. dec.)
19A-JV-215
Juvenile. Affirms the Delaware Circuit Court’s placement of M.J. in the Department of Correction for his admission to what would be Class A misdemeanor theft if committed by an adult. The placement was not an abuse of discretion because it prevented him from completing an educational program or obtaining a job to care for his newborn child.
Jesse Lee Risley v. State of Indiana (mem. dec.)
18A-CR-2707
Criminal. Affirms Jesse Risley’s conviction in Vanderburgh Circuit Court of Level 3 felony aggravated battery, finding the trial court did not err in instructing the jury and the evidence was sufficient to support the conviction.
Richard E. Hull v. State of Indiana (mem. dec.)
18A-PC-3067
Post conviction. Affirms the Marion Superior Court order denying Richard Hull’s petition for post-conviction relief, finding no error or abuse of discretion and that Hull failed to prove he was denied effective assistance of counsel.
18A-JC-2838
Juvenile CHINS. Affirms the adjudication of mother T.M.’s nine children as children in need of services. The Jasper Circuit Court did not err, and the evidence of abuse and neglect supporting its determination was not only sufficient, but “overwhelming.”
Cameron Jermaine Hawkins v. State of Indiana (mem. dec.)
18A-CR-3007
Criminal. Affirms Cameron Hawkins’ conviction of Class A misdemeanor resisting law enforcement. The evidence was sufficient to sustain Hawkins’ conviction, and the Marion Superior Court did not abuse its discretion in determining indigency.
Gregory C. Snodgrass v. State of Indiana (mem. dec.)
19A-CR-559
Criminal. Affirms the Vigo Superior Court’s revocation of Gregory Snodgrass’ home detention placement, finding his commitment to the Indiana Department of Correction rather than inpatient treatment is not an abuse of discretion.
Gary L. Wiltshire v. State of Indiana (mem. dec.)
19A-CR-307
Criminal. Affirms Gary Wiltshire’s conviction of Level 4 felony child molesting. Evidence presented to the jury in Posey Circuit Court was sufficient to support the conviction.
Troy D. Jones v. State of Indiana (mem. dec.)
18A-CR-1511
Criminal. Affirms Troy Jones’ 16-year executed sentence for his conviction of Level 3 felony dealing in methamphetamine, finding the sentence handed down in Orange Circuit Court is not inappropriate.
Justin A. Hines v. State of Indiana (mem. dec.)
18A-CR-3136
Criminal. Affirms Justin Hines’ conviction of Level 6 felony residential entry, finding the evidence in White Superior Court was sufficient.
Christian A. Stewart v. State of Indiana (mem. dec.)
19A-CR-411
Criminal. Affirms Christian Stewart’s conviction in Ripley Circuit Court of Level 2 felony conspiracy to commit burglary, finding the evidence sufficient. Also finds the 42-year aggregate sentence for that conviction and a conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon was not inappropriate.
Wayne Coleman Wilson, III v. State of Indiana (mem. dec.)
19A-CR-31
Criminal. Affirms Wayne Wilson II’s sentence of 17½ years in prison, with three years suspended to probation. The sentence was not inappropriate after Wilson was convicted in Monroe Circuit Court of Level 2 felony dealing in a narcotic drug.
Eric A. Emrich v. State of Indiana (mem. dec.)
19A-CR-278
Criminal. Affirms Eric Emrich’s 10-year sentence imposed in Tippecanoe Superior Court for his conviction of Level 5 felony possession of methamphetamine. The sentence was not inappropriate.
Jerri Boling Bacino v. Hospital 1, et al. (mem. dec.)
18A-CT-2779
Civil tort. Affirms the Marion Superior Court order transferring this medical malpractice case against 12 defendants to Allen County, finding Allen County is preferred venue under Indiana Trial Rule 75(A).
Henry L. Newton v. State of Indiana (mem. dec.)
18A-PC-1456
Post conviction. Affirms the Vanderburgh Circuit Court’s denial of Henry Newton’s petition for post-conviction relief, finding Newton has failed to establish that he was subjected to ineffective trial and appellate counsel.
R.J. v. State of Indiana (mem. dec.)
19A-JV-72
Juvenile. Affirms the Marion Superior Court’s adjudication of R.J. as delinquent, finding the evidence is sufficient to establish he committed what would be Level 3 felony armed robbery if committed by an adult.
Stanley Mark Harris v. State of Indiana (mem. dec.)
18A-CR-1019
Criminal. Affirms in part, reverses in part and remands to Clark Circuit Court Stanley Harris’ jury trial conviction of operating a vehicle while intoxicated as a Class A misdemeanor and as a Class C misdemeanor. The Class C misdemeanor count is a lesser-included offense, and the trial court erroneously entered judgment of conviction on both counts and stated the convictions were the result of a plea agreement. Remands to vacate Harris’ Class C misdemeanor conviction and enter a new sentencing order to reflect Harris was convicted in a jury trial.
The Guardianship of J.H., D.H., and R.H., W.B. and S.B. v. J.A. and H.A. (mem. dec.)
19A-GU-406
Guardianship. Affirms the Marion Superior Court order awarding guardianship of J.H., D.H. and R.H. to grandparents W.B. and S.B., finding the order did not violate the rights of the children’s father.
Jason Tibbs v. State of Indiana (mem. dec.)
19A-PC-1085
Post conviction. Affirms the LaPorte Circuit Court order denying Jason Tibbs’ petition for post-conviction relief. The trial court did not err when it concluded Tibbs had not received ineffective assistance of trial counsel.
Roderick Williams v. Robert Gill and South Bend Public Transportation Corporation (mem. dec.)
18A-CT-3056
Civil tort. Affirms summary judgment in favor of South Bend Public Transportation Corp., finding Roderick Williams had signed an unambiguous release from liability and all claims arising from an accident. Any potential error by the St. Joseph Superior Court in denying Williams’ requests to withdraw admissions or amend his designated evidence was at most harmless.
19A-AD-521
Adoption. Reverses the adoption decree granted to stepfather R.C., finding that biological father J.C. was denied his right to due process when the Fayette Circuit Court failed to advise father of his right to counsel and his right to appointed counsel should he be found indigent. Remands for the trial court to determine whether father is indigent, and, if so, appoint counsel to represent him at a new adoption hearing.
William Mark Scott v. Indiana Finance Authority, Union Hospital, Inc. (mem. dec.)
18A-MI-2446
Miscellaneous. Affirms the Marion Superior Court order granting summary judgment to Indiana Finance Authority and Union Hospital on William Mark Scott’s complaint for records under the Access to Public Records Act. Finds the records contain confidential financial information not subject to public disclosure under APRA and his request for reimbursement of expenses is denied because he did not substantially prevail.
Gina Marie Simari v. State of Indiana (mem. dec.)
18A-CR-2917
Criminal. Affirms in part, reverses in part, and remands to the Lake Superior Court. Affirms Gina Simari’s conviction of Level 5 felony battery resulting in bodily injury to a public safety officer. Finding the trial court erred in merging counts I and II, remands for the trial court to enter a sentence for her conviction of count II, Level 6 felony resisting law enforcement, and to vacate her conviction of Class A misdemeanor resisting law enforcement.
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