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Jesse L. Mathews v. State of Indiana
20A-CR-2229
Criminal. Affirms the Clay Circuit Court’s decision to use the state’s jury instruction on the issue of motive in a partial decapitation case in which Jesse Mathews was convicted of felony murder and Level 6 felony abuse of a corpse. Finds that either the trial court or the state’s instruction would have produced the same verdict. Also finds the trial court did not abuse its discretion is excluding evidence of a witness’s purported call to a police officer. Finally, finds a mistrial was not warranted in response to an individuals’ spontaneous testimony regarding a possible polygraph test, and the cumulative effect of the trial court’s decisions does not require reversal of Mathews’ conviction.
Randy W. Runnells v. State of Indiana
21A-CR-2217
Criminal. Reverses Randy W. Runnells’ conviction of Class A misdemeanor resisting law enforcement. Finds the testimony provided by Putnam County Sheriff’s Cpl. David Scott Ducker wasn’t enough to prove the conviction beyond a reasonable doubt. Also finds the Putnam Circuit Court didn’t sentence Runnells on his conviction of Class A misdemeanor criminal trespass. Remands to the trial court for resentencing.
Christopher Harris v. State of Indiana
21A-CR-1315
Criminal. Affirms Christopher Harris’ convictions for Level 3 felony robbery while armed with a deadly weapon and Level 5 felony battery with a deadly weapon. Finds the Marion Superior Court did not err by barring the defendant’s testimony about the circumstances surrounding prior convictions at the habitual offender proceeding. Also finds the Indiana Legislature’s change to Indiana Code § 35-50-2-8(h) does not infringe upon Article 1, Section 19 of the Indiana Constitution. Finally, finds that while the trial court’s evidentiary decision was consistent with the current version of the habitual-offender statues, its jury instruction and verdict form were not. Remands with instructions to correct the sentencing documents to show that the habitual-offender enhancement is attached to the 12-year sentence for the robbery conviction.
Brandon Fisher v. State of Indiana (mem. dec.)
21A-CR-1795
Criminal. Affirms Brandon Fisher’s conviction of one count of Level 3 felony rape but reverses his conviction for another count of the same offense. Finds the state presented sufficient evidence to support Fisher’s conviction of rape as alleged in Count 3, but his conviction for rape as alleged in Count 1 is not supported by sufficient evidence. Remands with instructions to vacate the conviction and concurrent sentence for one count of rape.
Deutsche Bank National Trust Company, as Trustee for GSAMP Trust 2006-FM2, Mortgage Pass-Through Certificates, Series 2006-FM2 v. Velvika James, Brian Onofrio, Advanced Physical Therapy Plus, First Financial Investment Fund II, LLC, State of Indiana (mem. dec.)
21A-MF-1910
Mortgage foreclosure. Reverses the Lake Superior Court’s order granting Velvika James’ relief from the foreclosure of her home by Deutsche Bank National Trust Company. Finds the bank has made a prima facie showing that the trial court erred in granting James’ motion under Indiana Trial Rule 60(B)(8).
John J. Lacey v. Brett B. Gibson (mem. dec.)
21A-CT-2852
Civil tort. Affirms the dismissal of John Lacey’s attorney malpractice claim against attorney Brett Gibson and the dismissal of Lacey’s subsequent motion to reconsider. Finds Lacey has failed to demonstrate that the Boone Superior Court erred in granting Gibson’s Indiana Trial Rule 12(B)(6) motion. Also finds the trial court has not committed reversible error in denying the motion to reconsider.
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