Opinions Dec. 8, 2020

Indiana Court of Appeals
Lora Brenner and Shawn Brenner v. Ignacio Chavez, et al. (mem. dec.)
20A-CC-538
Civil collection. Affirms the Delaware Circuit Court’s dismissal of Lora and Shawn Brenner’s claims against Ignacio Chavez. Finds that although Chavez failed to establish that he was an employee of the LLC, the trial court lacked jurisdiction over the Brenners’ claims. Thus, finds that the trial court properly granted Chavez’s amended motion to dismiss Counts II, IV and VI of the Brenners’ second amended complaint.

Krisean Porter v. State of Indiana (mem. dec.)
19A-CR-2777
Criminal. Affirms Krisean Porter’s convictions of promotion of human trafficking as a Level 3 felony and sexual misconduct with a minor as a Level 4 felony, and his aggregate 15-year sentence with three years suspended. Finds the Marion Superior Court did not err in instructing the jury or in the admission of evidence.

David W. Burget v. State of Indiana (mem. dec.)
20A-CR-999
Criminal. Affirms David Burget’s 36-year sentence for his convictions of Level 3 felony criminal confinement, Level 5 felony intimidation and Level 6 felony strangulation and a finding of his being a habitual offender. Finds the sentence in not inappropriate given the terrorizing nature of Burget’s crimes, the underlying betrayal in his conduct and his criminal history.

Kevin Thien v. State of Indiana (mem. dec.)
20A-PC-1134
Post conviction. Affirms the partial grant and denial of Kevin Thien’s petition for post-conviction relief following his convictions of Level 5 felony possession of a narcotic drug, Class A misdemeanor possession of paraphernalia and a finding of his being a habitual offender. Finds the evidence does not lead unerringly and unmistakably to the conclusion that Thien’s trial counsel was ineffective for failing to object to the detective’s hearsay testimony. Also finds the post-conviction court did not err in denying Thien’s petition.