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Clinton David Collins v. State of Indiana
24A-CR-1233
Criminal. Reverses Clinton Collins’ conviction of Level 2 felony burglary. Affirms Collins’ convictions for Level 5 felony robbery and Class A misdemeanor theft. Finds that Jefferson Circuit Court Judge Donald Mote’s decision was based on its misapprehension of the law and substantial evidence supported giving a proposed jury instruction on residential entry, which is a lesser-included offense of burglary. Remands for retrial on the burglary charge. Also instructs the trial court to reconsider any double jeopardy concerns based on the ultimate resolution of the burglary count and to resolve record inconsistency as to the sentence for theft. Attorney for appellant: Jennifer Joas. Attorneys for appellee: Attorney General Todd Rokita and Supervising Deputy Attorney General Tyler Banks.
Midwest Holdings-Indianapolis, LLC v. David R. Hennessy and Vickie Yaser
24A-PL-125
Civil plenary. Affirms Marion Superior Court Judge John Chavis II’s granting of summary judgment in favor of David Hennessy and Vickie Yaser on the claims Midwest Holdings brought against them. Also affirms the trial court’s granting of summary judgment in favor of Midwest Holdings on Prospective Buyers’ breach of contract claim against Midwest Holdings and the court’s denial of Prospective Buyers’ motion to amend their complaint. Finds Hennessy and Yaser were entitled to summary judgment in their favor on Midwest Holdings’ claims against them because probable cause supported their breach of contract claim and they did not abuse the legal process. Also finds Midwest Holdings was entitled to summary judgment on Prospective Buyers’ breach of contract claim because that claim was adjudicated by the court in the federal action. Finally, finds the trial court did not abuse its discretion in denying Prospective Buyers’ motion to amend their complaint given Prospective Buyers’ delay in bringing the amended complaint and the undue prejudice allowing the amended complaint would have caused Midwest Holdings. Attorney for appellant and cross appellee: Bradley Hasler. Attorney for appellees and cross appellant: Matthew McGovern.
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