Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
State of Indiana v. Emmanuel Torres, et al.
20A-CR-943
Criminal. Reverses the grant of Ramon Sanchez’s and Emmanuel Torres’ motions to suppress evidence in Clinton Superior Court obtained after their vehicles were stopped for failing to use their turn signals for at least 200 feet before turning at a stop sign. Finds that Sanchez’s and Torres’ failure to signal a turn until they reached a stop sign was enough for Frankfort officer Kaleb Thompson to establish a reasonable belief that Indiana Code § 9-21-8-25 had been violated. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.
Dusty Witter v. David Witter (mem. dec.)
20A-DR-850
Domestic relations. Affirms the denial of mother Dusty Witter’s motion for sole legal custody, the modification of decision-making authority and parenting time, and the denial of mother’s motions for contempt and sanctions against father David Witter. Finds the Warrick Superior Court properly considered the guardian ad litem’s reports. Also finds the trial court did not err by denying mother’s request for sole legal custody, modifying decision-making authority or modifying father’s parenting time. Finally, finds the trial court did not abuse its discretion by denying mother’s contempt petitions.
Erik Valdez v. State of Indiana (mem. dec.)
19A-CR-1011
Criminal. Affirms Erik Valdez’s convictions of battery and neglect of a dependent. Finds that because the jury was directed to view the evidence against Valdez through the lens of presumed innocence, even though that direction did not come from Valdez’s rejected instruction, the Clark Circuit Court did not err.
Lynn A. Johnson v. Michele Bradberry, as Personal Representative of the Estate of Anthony O. Johnson, deceased (mem. dec.)
20A-GU-26
Guardianship. Affirms and reverses in part the denial of Lynn A. Johnson’s motion to continue an evidentiary hearing related to a final accounting of her brother-in-law’s estate, the finding that she breached various fiduciary duties, and the order for her to pay more than $95,000 for reimbursements to the guardianship estate and for Michele Bradberry and the Greenfield Banking Company’s attorney fees. Finds the Grant Superior Court did not abuse its discretion in denying the motion to continue. Also finds that the trial court abused its discretion in imposing certain surcharges on Johnson for her breach. Finally, finds the trial court abused its discretion in surcharging Johnson for attorney fees. Remands. Judge Elaine Brown concurs and dissents in part with separate opinion.
Roy Hudnall v. State of Indiana (mem. dec.)
20A-CR-498
Criminal. Affirms Roy Hudnall’s conviction of stalking but vacates his convictions on two counts of invasion of privacy. Finds the Noble Circuit Court did not err in the admission of evidence, and any error in the denial of Hudnall’s motion for a mistrial was harmless. Also finds that the state presented sufficient evidence from which the jury could find beyond a reasonable doubt that Hudnall committed the offense of stalking. Finally, finds the trial court erred by merging the invasion of privacy convictions with the stalking conviction instead of vacating them, resulting in double jeopardy. Remands with instructions to vacate the invasion of privacy convictions.
Demetrius A. Wilson, Jr. v. State of Indiana (mem. dec.)
20A-CR-8
Criminal. Affirms Demetrius Wilson’s convictions of Level 1 felony child molesting, Level 4 felony incest, and Level 4 felony child molesting. Finds Wilson’s Fifth Amendment right against self-incrimination was not violated. Also finds there was sufficient evidence to sustain Wilson’s child molesting conviction. Finally, finds that the Lake Superior Court’s conduct did not constitute fundamental error such that Wilson was denied a fair trial.
Please enable JavaScript to view this content.