Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Mike Dow and Midwest Logging and Veneer v. John Hurst and Linda Hurst
19A-PL-1709
Civil plenary. Affirms summary judgment and damages of $80,826 awarded to John and Linda Hurst in their complaint alleging trespass and conversion against Mike Dow, doing business as Midwest Logging and Veneer. The Morgan Superior Court did not err in concluding that Dow was liable for the actions of independent contractors, in its award of damages or in admitting alleged hearsay evidence.
Kyle Hackney v. Pendu Manufacturing, Inc.
19A-CT-1080
Civil tort. Affirms the Lawrence Circuit Court’s grant of summary judgment in favor of Pendu Manufacturing, Inc. against Kyle Hackney. Finds the trial court did not err in granting summary judgment to Pendu and that Pendu could not have reasonably expected the accident that injured Hackney while he was operating a wood-trimming machine manufactured by Pendu.
Ruel P. Pedigo, III v. State of Indiana
19A-CR-1848
Criminal. Affirms Ruel Pedigo, III’s 15-year aggregate sentence for conviction of Level 5 felony reckless homicide, Level 4 felony causing death when operating a motor vehicle with a schedule I or II controlled substance in the blood, and Level 6 felony causing serious bodily injury when operating a motor vehicle with a schedule I or II substance in the body. Finds the Bartholomew Circuit Court did not abuse its discretion when it admitted Pedigo’s chemical test results into evidence. Holds the sentence is not inappropriate in light of the nature of the offense and the character of the offender.
James E. Starks, III v. State of Indiana (mem. dec.)
19A-CR-1175
Criminal. Affirms James Starks III’s four-year sentence in the Department of Corrections for conviction of Level 5 felony carrying a handgun without a license. Finds sufficient evidence to support his conviction in Allen Superior Court. Also finds his sentence is not inappropriate in light of the nature of the offense and his character.
Eric Charles Kyle v. State of Indiana (mem. dec.)
19A-CR-2848
Criminal. Vacates Eric Kyle’s conviction of Class A misdemeanor theft based on double jeopardy violations, but affirms his conviction of Level 3 felony armed robbery and the Vermillion Circuit Court’s restitution order of $500 to the victim. Finds no abuse of the trial court’s discretion in ordering the restitution amount.
Robert Edward Luther, Jr. v. State of Indiana (mem. dec.)
19A-CR-2542
Criminal. Affirms the denial of Robert Luther Jr.’s oral motion for the recusal of the trial judge in St. Joseph Superior Court, who was his lawyer in two unrelated cases 20 years ago, in his current case for Class A misdemeanor conversion. Finds Luther was not entitled to a change of judge. Also finds Luther is not entitled to consideration of his freestanding claim for recusal under the Indiana Code of Judicial Conduct.
Garrett DaVarris Smith, Jr. v. State of Indiana (mem. dec.)
19A-CR-1525
Criminal. Affirms Garrett Smith, Jr.’s conviction of Level 3 felony aggravated battery and Level 5 felony criminal recklessness. Finds his rights against double jeopardy were not violated in Lake Superior Court.
Craig L. Black v. State of Indiana (mem. dec.)
19A-CR-2735
Criminal. Affirms the revocation of the remainder of Craig Black’s previously suspended four-year sentence. Finds the Vigo Superior Court did not abuse its discretion by revoking the remainder of his previously suspended sentence.
Robert Scrogham v. State of Indiana (mem. dec.)
19A-CR-2692
Criminal. Affirms the revocation of Robert Scrogham’s placement in community corrections. Finds that substantial evidence of probative value supports the Jefferson Circuit Court’s conclusion.
Please enable JavaScript to view this content.