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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Kenneth R. Kirby, III v. State of Indiana
22A-CR-2917
Criminal. Affirms Kenneth Kirby III’s conviction of Level 4 felony arson. Finds the Vanderburgh Circuit Court did not abuse its discretion in denying Kirby’s motion to dismiss or in admitting testimony regarding the substance of a surveillance camera video recording that was not offered into evidence. Also finds the state presented sufficient evidence to support Kirby’s conviction.
Randall D. Johnson v. State of Indiana
22A-CR-2898
Affirms Randall Johnson’s convictions of two counts of Level 1 felony child molesting. Finds the Marion Superior Court’s preliminary instruction to the jury regarding juror questions did not violate the jury’s right to determine the law pursuant to Article 1, Section 19 of the Indiana Constitution. Also finds the probation conditions imposed on Johnson were not an abuse of discretion.
Taiveon Taylor v. State of Indiana (mem. dec.)
22A-CR-2443
Criminal. Affirms Taiveon Taylor’s 17-year sentence for Level 3 felony armed robbery, Level 6 felony resisting law enforcement and being a habitual offender. Finds Taylor’s sentence is not erroneous. Also finds the Johnson Superior Court did not abuse its discretion when it sentenced him.
David J. Avalle v. State of Indiana (mem. dec.)
22A-CR-2819
Criminal. Affirms David J. Avalle’s 131-year aggregate sentence following his guilty plea to nine offenses. Finds the Cass Superior Court’s sentencing errors do not require resentencing, nor is Avalle’s sentence inappropriate. Remands with instructions to enter a corrected sentencing order and abstract of judgment.
Bawi Ram Hngak v. State of Indiana (mem. dec.)
22A-CR-2919
Criminal. Affirms Bawi Ram Hngak’s conviction of Level 1 felony rape. Finds the evidence is sufficient.
Brown & Brown Attorneys-At-Law, P.C. and Greg Brown v. Timothy S. Schafer, Schafer & Schafer, and Schafer & Schafer, LLP (mem. dec.)
23A-CT-12
Civil tort. Reverses the grant of partial summary judgment to Timothy S. Schafer, Schafer & Schafer, and Schafer & Schafer LLP in a dispute with Greg Brown and Brown & Brown, Attorneys-At-Law P.C. Finds the Porter Superior Court erred. Remands for further proceedings.
Specialties Company, LLC v. Douglas Hunt and Acuity Insurance, Inc. (mem. dec.)
23A-CT-20
Civil tort. Reverses the denial of Specialties Company LLC’s motion for summary judgment regarding claims brought by Douglas Hunt. Finds the Marion Superior Court erred in concluding that Specialties owed Hunt a duty under premises liability principles.
In re the Involuntary Termination of the Parent-Child Relationship of Ky.H. and Ko.H. (Minor Children) and L.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-453
Juvenile termination of parental rights. Affirms the involuntary termination of mother L.H.’s parental rights to Ky.H. and Ko.H. Finds L.H. waived her due process claim, did not establish a violation of her due process rights and did not demonstrate fundamental error.
In the Matter of the Civil Commitment of J.L.; J.L. v. Health and Hospital Corporation d/b/a Sandra Eskenazi Mental Health Center (mem. dec.)
23A-MH-629
Mental health. Dismisses J.L.’s appeal of the Marion Superior Court’s order of temporary commitment finding that he was gravely disabled. Finds the appeal is moot because J.L.’s commitment period expired before the appeal was heard.
Robert Tate Bradford v. State of Indiana (mem. dec.)
23A-CR-962
Criminal. Affirms the denial of Robert Bradford’s request for credit for the time he spent on pretrial electronic monitoring as a term of being released on bond. Finds the Harrison Superior Court did not err.
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