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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
James Joseph Zentko v. Cassandra Lynn Zentko (mem. dec.)
23A-DR-1455
Domestic relations. Affirms the Clay Superior Court’s order modifying James Zentko’s obligation to pay college expenses for his child, J.D.Z. Finds the trial court did not err when it modified Zentko’s post-secondary educational expenses obligation to cover the child’s enrollment at Illinois Eastern Community Colleges at Olney. Also finds the trial court did not abuse its discretion when it found the father in contempt and ordered him to pay a portion of mother’s attorney’s fees.
Elmer Ray Spradlin v. State of Indiana (mem. dec.)
22A-CR-2984
Criminal. Affirms the Tippecanoe Superior Court’s judgment for Elmer Spradlin, who was convicted of six counts of child molesting and one count of vicarious sexual gratification and sentence to 60 years in prison. Finds no violation of Spradlin’s confrontation right occurred, the trial court properly admitted his booking photo, and his 60-year sentence is not inappropriate. Remands for the correction of the scrivener’s error in the abstract of judgment.
Corey Anderson v. State of Indiana (mem. dec.)
23A-CR-1718
Criminal. Affirms Corey Anderson convictions for criminal confinement, as a Level 3 felony; criminal confinement, as a Level 5 felony; domestic battery resulting in bodily injury to a pregnant woman, as a Level 5 felony; strangulation, as a Level 5 felony; and carrying a handgun without a license, as a class A misdemeanor. Finds the Marion Superior Court did not abuse its discretion by denying Anderson’s request for a mistrial after admonishing the jury.
Dustin Passarelli v. State of Indiana (mem. dec.)
23A-CR-1652
Criminal. Affirms the Marion Superior Court’s judgment finding Dustin Passarelli guilty of murder. Finds the appellate court cannot overrule the Indiana Supreme Court’s decision in Littler v. State, 871 N.E.2d 276 (Ind. 2007), as Passarelli requests. Also finds Passarelli’s claim that the trial court improperly excluded Dr. John Mundt’s testimony—which is wholly based on his criticism of Littler, is therefore without merit.
Roderick Standell Flowers v. State of Indiana (mem. dec.)
23A-CR-1582
Criminal. Affirms Roderick Flowers’s conviction in Marion Superior Court for dealing in a narcotic drug, a Level 2 felony. Finds that double jeopardy principles did not bar Flowers’s retrial and that Flowers was not entitled to discharge or dismissal of the charges pursuant to Indiana Criminal Rule 4(B).
Wytwaine Jackson v. State of Indiana (mem. dec.)
23A-CR-1269
Criminal. Affirms the Marion Superior Court’s order that Wytwaine Jackson serve half of his previously suspended sentence in the Indiana Department of Correction as a sanction for violating the conditions of his probation. Finds the trial court did not abuse its discretion in sanctioning Jackson for his probation violations.
Armon D. Edwards v. State of Indiana (mem. dec.)
23A-CR-536
Criminal. Affirms Armon Edwards’s convictions in Delaware Circuit Court of felony murder and Level 6 felony criminal recklessness. Finds there is sufficient evidence to sustain Edwards’s conviction of felony murder. Also finds Edwards has not shown reversible error.
Community Utilities of Indiana, Inc. v. Indiana Utility Regulatory Commission, Indiana Office of Utility Consumer Counselor, and Lakes of the Four Seasons Property Owners’ Association (mem. dec.)
23A-EX-458
Agency action. Affirms decision of the Indiana Utility Regulatory Commission in which the IURC denied Community Utilities of Indiana, Inc.’s request to increase service rates to recoup certain costs for engineering studies. Finds the IURC was entitled to base its judgment on the totality of the evidence presented at that fact-finding hearing. Also finds Community’s arguments on this issue are not persuasive.
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