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Willard G. Merkel v. State of Indiana
20A-CR-1475
Criminal. Affirms the denial of Willard G. Merkel’s petition to modify his 12-year sentence for conviction of Level 4 felony possession of a firearm by a serious violent felon. Finds the Carroll Circuit Court did not abuse its discretion and Merkel’s reliance on Supreme Court orders directing trial courts to review sentences of nonviolent inmates due to COVID-19 is misplaced.
Sandra Hogan, as Personal Representative of the Estate of Mary Hogan, Deceased v. Magnolia Health Systems 41, LLC
20A-CT-1101
Civil tort. Reverses the Hamilton Superior Court order granting summary judgment to Magnolia Health Systems on Sandra Hogan’s negligence complaint arising from injuries her mother sustained in an accident in the dining hall at Crowne Point of Carmel assisted living facility. Finds material issues of fact exist regarding whether a Crowne Point employee was negligent so as to impose liability. Remands for proceedings.
Metropolitan Development Commission v. Everett Powell
20A-OV-871
Ordinance violation. Reverses the Marion Superior Court’s judgment in favor of Everett Powell, finding the court clearly erred in interpreting the Consolidated City of Indianapolis/Marion County Code as barring an inspector’s entry onto Powell’s property. Remands with instructions to enter an order consistent with the opinion on appeal.
Derek Hicks v. State of Indiana (mem. dec.)
20A-CR-1347
Criminal. Affirms Derek Hicks’ cumulative 1,095-day sentence for convictions of Level 6 felony counts of resisting law enforcement, possession of methamphetamine and criminal recklessness. Finds his sentence imposed in Vermillion Circuit Court was not inappropriate.
Brice Price v. State of Indiana (mem. dec.)
20A-CR-567
Criminal. Affirms Brice Price’s conviction of Level 4 felony carrying a handgun without a license, finding the Marion Superior Court did not abuse its discretion in admitting video surveillance evidence.
Robert Shawn Humble v. State of Indiana (mem. dec.)
20A-CR-1314
Criminal. Affirms Robert Humble’s conviction of Level 6 felony operating a vehicle while intoxicated, finding the evidence is sufficient to support the Marion Superior Court’s conviction.
Travis M. Luedeman v. State of Indiana (mem. dec.)
20A-CR-769
Criminal. Affirms Travis Luedeman’s 40-year sentence for convictions of two counts each of Level 2 felony burglary, Level 3 felony robbery, Level 5 felony intimidation and Class A misdemeanor pointing a firearm; Level 6 felony counts of impersonation of a public servant, auto theft and theft with a prior conviction; and a determination that he is a habitual offender. Finds the evidence was sufficient to support the convictions in Jackson Circuit Court and the sentence was not inappropriate.
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