Opinions Dec. 28, 2020

Indiana Court of Appeals
Paula Henderson v. New Wineskin Ministries Corporation
20A-CT-1317
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment to New Wineskin Ministries Corporation on Paula Henderson’s negligence complaint after she slipped and fell in the church parking lot. Finds “premises” as used in Indiana Code Section 34-31-7-2 includes parking lots and the undisputed evidence shows the danger that caused Henderson’s injury was not hidden. Thus, the trial court did not err in granting summary judgment to New Wineskin.

Jessica Whetstine, Barbara Whetstine as Co-Guardian of the Limited Guardianship, and Christopher Whetstine as Co-Guardian of the Limited Guardianship v. Menard, Inc., and Tyler R. Norrenbrock
19A-CT-2949
Civil tort. Affirms the Vanderburgh Circuit Court’s judgment in favor of Menard, Inc. against Jessica Whetstine, Barbara Whetstine as Co-Guardian of the Limited Guardianship of Jessica Whetstine, and Christopher Whetstine as Co-Guardian of the Limited Guardianship of Jessica Whetstine. Finds the trial court did not abuse its discretion in admitting evidence or instructing the jury.

Brian Andrew Hoover v. State of Indiana (mem. dec.)
20A-CR-1393
Criminal. Affirms Brian Hoover’s aggregate 18-month sentence for conviction in Bartholomew Superior Court of Level 6 felony criminal recklessness with a deadly weapon. Finds his sentence is not inappropriate in light of the nature of the offense and his character.

Antonio Lee Allen v. State of Indiana (mem. dec.)
20A-CR-382
Criminal. Affirms Antonio Allen’s murder conviction. Finds sufficient evidence to support the conviction in Marion Superior Court.

Ladon E. Cameron v. State of Indiana (mem. dec.)
20A-CR-993
Criminal. Affirms Ladon Cameron’s conviction of Level 4 felony dealing in cocaine or a narcotic drug and two counts Level 5 felony dealing in cocaine or a narcotic drug. Finds the LaPorte Circuit Court did not abuse its discretion when it denied Cameron’s motion for mistrial. Finds sufficient evidence to support the convictions.

Anthony Kutch v. State of Indiana (mem. dec.)
20A-CR-763
Criminal. Affirms Anthony Kutch’s six-year sentence for his conviction of Level 4 felony burglary. Finds the LaPorte Superior Court did not abuse its discretion at sentence by not crediting Kutch’s expression of remorse or his addiction to heroin as mitigating circumstances. Finds Kutch’s sentence is not inappropriate given his criminal history.

Ranger Team Building, LLC v. Vince Caccavale (mem. dec.)
20A-PL-547
Civil plenary. Reverses the denial of Ranger Team Building, LLC’s motion to correct error following the trial court’s reconsideration and reversal of its grant of summary judgment in favor of Ranger and against Vince Caccavale. Finds the trial court abused its discretion when it denied Ranger’s motion to correct error based on the reconsideration of the summary judgment ruling. Remands to the Lake Superior Court for further proceedings. Judge Melissa May concurs and dissents in a separate opinion.

Carlton Hillman v. State of Indiana (mem. dec.)
20A-PC-350
Post conviction. Affirms the denial of Carlton Hillman’s petition for post conviction relief arguing ineffective assistance of counsel. Finds the trial court properly determined that Hillman was not prejudiced by his trial counsel’s failure to move to suppress the evidence recovered following his arrest.

Eric W. Guthrie v. State of Indiana (mem. dec.)
20A-CR-1445
Criminal. Affirms Eric Guthrie’s six-year sentence for conviction of Level 4 felony possession of methamphetamine. Finds that the sentence is not inappropriate in light of the nature of the offense and his character and that the Washington Superior Court did not abuse its discretion at sentencing.

Melody Barrows, et al. v. State of Indiana, et al. (mem. dec.)
20A-CT-563
Civil tort. Affirms the grant of summary judgment to the State of Indiana, the Department of Correction, Corizon and individual DOC employees on Melody and Nicholas Barrows’ claims for negligence and intentional infliction of emotional distress. Finds the LaPorte Superior Court properly granted summary judgment to the individual defendants and public entities upon the claims for intentional infliction of emotional distress and negligence.

Anthony Brown and Mark S. Smith v. Danny Webb (mem. dec.)
20A-PL-846
Civil plenary. Affirms the Montgomery Circuit Court’s entry of judgment against Anthony Brown on his claim that Danny Webb intentionally exerted unauthorized control of a Chevrolet Camaro. Finds evidence to support the trial court’s conclusion that Webb simply made a mistake. Also affirms the trial court’s entry of judgment against Webb on his counterclaim for reimbursement of impound fees and repair costs. Finally, affirms the denial of a claim by Brown’s friend Mark Smith for personal property damages related to disposal of clothes he left in the Camaro.

Adam Worthington v. State of Indiana (mem. dec.)
20A-CR-1382
Criminal. Affirms Adam Worthington’s 30-year sentence with 28 years served in the DOC and two years suspended for conviction of Level 1 felony burglary resulting in serious bodily injury. Finds Worthington has failed to establish his appeal waiver in Tippecanoe Circuit Court was not knowing, voluntary, and intelligent.

Elijah Roberson v. State of Indiana (mem. dec.)
20A-CR-1666
Criminal. Affirms the denial of Elijah Roberson’s second petition for post-conviction relief. Finds the Lake Superior Court properly denied Roberson’s unauthorized successive petition for post conviction relief.

Demarco Delray Johnson v. State of Indiana (mem. dec.)
20A-CR-1476
Criminal. Affirms DeMarco Johnson’s conviction of Class A misdemeanor invasion of privacy for violating a no-contact order. Finds sufficient evidence to support the conviction in Vanderburgh Circuit Court.