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Court of Appeals of Indiana
Jane C. Irby v. Michael A. Spear (mem. dec.)
22A-PL-2968
Civil plenary. Affirms the Clark Superior Court’s judgment that Jane Irby did not own certain property by adverse possession. Finds Irby did not meet her burden of proving the elements of adverse possession by clear and convincing evidence. Also finds the trial court was able to consider the recorded instruments, photographs and tax statements, as well as the parties’ thorough testimony, and the trial judge visited the site.
Robby J. Johnson, Cherie M. Johnson, and Geraldine Schweikhart v. Jacquelyn K. Schweikhart and Fifth Third Bank Southern Indiana (mem. dec.)
22A-PL-2841
Civil plenary. Affirms the Posey Superior Court‘s order granting summary judgment in favor of Jacquelyn Schweikhart and Fifth Third Bank Southern Indiana on the appellants’ quiet title, unjust enrichment, trespass and slander of title claims. Finds no genuine issues of material fact exist. Also finds Jacquelyn Schweikhart is entitled to judgment as a matter of law on appellants’ claims because they were not brought within the applicable statutory limitation periods.
Calumet Lift Truck Service and Mark Gies v. Ramen Deardorff and Debra Deardorff (mem. dec.)
23A-CT-406
Civil tort. Reverses the Lake Circuit Court’s grant of Ramen and Debra Deardorffs’ motion to vacate order pursuant to Indiana Trial Rule 60(B). Finds the Deardorffs failed to identify any fraud on the part of appellants which could have contributed to the Deardorffs’ failure to respond to appellants’ motion to dismiss. Also finds the trial court abused its discretion.
Arnold Lawrence Sobczak, Jr. v. State of Indiana (mem. dec.)
23A-CR-519
Criminal. Affirms four-year executed sentence imposed by the Lake Superior Court on Arnold Sobczak Jr. following his guilty plea to Level 5 felony stalking. Finds the trial court did not abuse its discretion when considering aggravating factors during sentencing. Also finds the trial court did not abuse its discretion.
Freddie Demarka Reed III v. State of Indiana (mem. dec.)
22A-CR-1747
Criminal. Affirms Freddie Reed III’s convictions of Level 2 felony dealing in methamphetamine, Level 6 felony resisting law enforcement and Level 6 felony criminal recklessness. Finds the Vanderburgh Superior Court did not err in allowing the state to amend the charging information. Also finds the prosecutor did not engage in misconduct amounting to fundamental error.
Dashawn L. Williams v. State of Indiana (mem. dec.)
22A-CR-3068
Criminal. Affirms Dashawn Williams’ 53-year sentence, with three of those years to be suspended, following his conviction for murder. Finds the Marion Superior Court did not abuse its discretion when it declined to identify certain mitigators. Also finds Williams’ sentence is not inappropriate in light of the nature of the offense and his character.
Jarmone Davis v. State of Indiana (mem. dec.)
22A-CR-3121
Criminal. Affirms the Tippecanoe Superior Court’s denial of Jarmone Davis’ motion to correct erroneous sentence. Finds Davis has failed to show any error on the face of the sentencing order. Also finds the trial court acted within its discretion in denying Davis’ motion.
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