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Kenneth Ratliff v. State of Indiana
24A-CR-107
Criminal. Affirms Kenneth Ratliff’s convictions and sentences in Porter Superior Court for Level 3 felony burglary and Level 3 felony rape, with Ratliff to serve 12 years on his Level 3 felony burglary conviction and 16 years on the Level 3 felony rape conviction, with three of those 16 years suspended to probation and the sentences to be served consecutively. Reverses his conviction for Class A misdemeanor battery. Remands with instructions for the trial court to vacate that conviction and its sentence.
James McGraw v. State of Indiana
23A-CR-2130
Criminal. Affirms James McGraw’s convictions in Marion Superior Court for dealing in methamphetamine, dealing in cocaine, operating a vehicle while intoxicated and dealing in a substance represented to be a controlled substance. Finds that McGraw knowingly, voluntarily, and intelligently waived his right to counsel. Also finds that McGraw knowingly and voluntarily waived his right to be present at trial and to be represented by counsel when he refused to attend his own trial.
Michael T. Schoeff v. State of Indiana
23A-CR-02163
Criminal. Affirms the Delaware Circuit Court’s judgment of conviction against Michael Schoeff for Level 1 felony aiding, inducing, or causing dealing in a controlled substance resulting in death and its adjudication of Schoeff as a habitual offender. Finds Schoeff’s right to be free from double jeopardy was not violated when the state was allowed to retry him for Level 1 felony aiding, inducing, or causing dealing in a controlled substance resulting in death after the jury was unable to reach a verdict on that charge in his first trial. Also finds the state presented sufficient evidence to prove that he committed the offense. Judge Leanna Weissmann concurs in part and dissents in part, with separate opinion.
Jana Stacy v. ASI Select Insurance Corp., and United Dynamics, Inc.
23A-CT-2529
Civil tort. Affirms the Floyd Circuit Court’s entry of summary judgment in favor of ASI Select Insurance Corp. on Jana Stacy’s breach of contract claim. Reverses the trial court’s denial of United Dynamics Inc.’s motion for summary judgment. Finds no genuine issue of material fact exists that Stacy failed to timely notify ASI of the damage resulting from UDI’s workmanship. Also finds that no privity of contract exists between Stacy and UDI, and personal injury was not reasonably foreseeable to result from the alleged acts of negligence.
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