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Michael Puchowski v. Tamara Wade (mem. dec.)
23A-EV-321
Evictions. Affirms the denial of recovery for Michael Puchowski for claimed property damages after he was awarded a $1,505 judgment against his former tenant. Finds Puchowski waived his arguments by failing to comply with appellate rules, so he has not shown prima facie error.
Lenord A. Smith v. State of Indiana (mem. dec.)
23A-CR-491
Criminal. Affirms Lenord A. Smith’s suspended eight-year sentence, with four years of probation including two years served on home detention, for unlawful possession of a firearm by a serious violent felon. Finds Smith’s sentence was not inappropriate under the circumstances. Also finds the Marion Superior Court abused its discretion in failing to set fees. Remands with instructions to set fees for probation and home detention.
Phillip Zimmerman v. Lisa Zimmerman (mem. dec.)
23A-DN-1233
Domestic relations, no children. Affirms the equal division of the marital estate in the dissolution of the marriage of Phillip and Lisa Zimmerman. Finds the Allen Circuit Court properly considered all the necessary factors and concluded that an equal division of the assets was just and reasonable.
Isaac Maldonado v. State of Indiana (mem. dec.)
23A-CR-1316
Criminal. Affirms Isaac Maldonado’s conviction of Level 4 felony possession of methamphetamine. Finds there is sufficient evidence to support Maldonado’s conviction.
Mateo Reymundo Rodriguez v. State of Indiana (mem. dec.)
23A-CR-1419
Criminal. Affirms Mateo Rodriguez’s conviction of felony murder and his 55-year sentence. Finds the state presented sufficient evidence to demonstrate that Rodriguez used force to take Shauntay Fairrow’s car, which supports Rodriguez’s conviction of felony murder. Also find his sentence is not inappropriate in light of the nature of the offenses and his character.
L.J. v. State of Indiana (mem. dec.)
23A-JV-1717
Juvenile. Affirms L.J.’s delinquency adjudication for dangerous possession of a firearm. Finds L.J. admitted that he knew of the gun’s presence in the vehicle, and knowledge of the presence of contraband is sufficient to prove intent to possess under Indiana’s constructive possession doctrine. Also finds the Marion Superior Court erred by merging, but not vacating, its true finding for unlawful carrying of a handgun. Remands for the juvenile court to vacate that finding.
Katherine Winn v. Alan Devellen (mem. dec.)
23A-JP-1806
Juvenile paternity. Affirms the modification of primary physical custody over A.D. from mother Katherine Winn to father Alan Devellen. Finds the Putnam Superior Court acted within the evidence when it found and concluded that modification of custody was in A.D.’s best interests.
Michaela M. Voyles v. State of Indiana (mem. dec.)
23A-CR-2119
Criminal. Affirms Michaela M. Voyles’ six-year sentence, with three years suspended and one year of probation, for leaving the scene of an accident resulting in death as a Level 4 felony. Finds Voyles has not sustained her burden of establishing that her sentence is inappropriate in light of the nature of the offense and her character.
Scott Miller v. State of Indiana (mem. dec.)
23A-CR-2205
Criminal. Affirms the denial of Scott E. Miller’s motion to correct erroneous sentence. Finds a motion to correct erroneous sentence is limited to correcting sentencing errors apparent on the face of the judgment, and Miller raises an issue outside that context, so the LaGrange Superior Court did not abuse its discretion in denying his motion.
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