Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Connie Davis-Brumley, as Mother of Decedent v. Fair Oaks Farms LLC; Fair Oaks Hospitality LLC and Farmhouse Restaurant LLC
23A-CT-1610
Civil tort. Affirms Lake Superior Court’s order granting Fair Oaks Farms’s motion to dismiss and denying the motion to substitute. Finds the trial court did not err by dismissing the wrongful death complaint, nor did it err by denying the motion to substitute.
Barbara Chitwood v. John Guadagnoli
23A-MF-2092
Mortgage foreclosure. Reverses the Jefferson Circuit Court’s grant of summary judgment in favor of John Guadagnoli. Finds genuine issues of material fact exist which preclude the entry of summary judgment in favor of Guadagnoli. Remands for further proceedings.
Sean W. Holmes v. Forum Credit Union (mem. dec.)
23A-CC-1996
Civil collection. Affirms the Morgan Circuit Court’s judgment. Finds Sean W. Holmes waived his argument.
Benjamin A. Duncan v. State of Indiana (mem. dec.)
23A-CR-1982
Criminal. Affirms Benjamin A. Duncan’s sentence for Level 4 felony sexual misconduct with a minor. Finds Duncan’s sentence is not inappropriate.
Thomas Scott Ritchie v. State of Indiana (mem. dec.)
23A-CR-2411
Criminal. Affirms Thomas Scott Richie’s eight-year sentence for Level 6 felony operating a vehicle while intoxicated with a blood alcohol content over .15 after a prior conviction, habitual vehicular substance offender and Class A misdemeanor domestic battery. Finds the trial court did not abuse its discretion when it did not find Richie’s guilty plea as a mitigating circumstance when sentencing him.
David Edward Jackson III v. State of Indiana (mem. dec.)
23A-PC-583
Post-conviction relief petition. Affirms the denial of David Edward Jackson III’s petition for post-conviction relief. Finds Jackson has not shown any error in the denial of his petition for post-conviction relief.
Marcus Anthony Ross v. State of Indiana (mem. dec.)
23A-CR-1710
Criminal. Affirms Marcus Ross’s conviction in Lake Superior Court of voluntary manslaughter in the shooting death of Zackery Smith. Finds the trial court neither abused its discretion nor violated Ross’s rights under the Confrontation Clause by admitting Exhibit 3A. Also finds the trial court also did not abuse its discretion by giving Final Instruction 13 and the trial court’s error in giving Final Instruction 14 was harmless.
Please enable JavaScript to view this content.