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AMW Investments, Inc. et al. v. The Town of Clarksville, et al.
23A-PL-508
Civil plenary. Reverses the order finding AMW Investments Inc. in contempt of an order compelling discovery responses. Finds AMW’s supplemental discovery responses, including objections, were timely submitted. Also finds the Clark Circuit Court erred when it refused to consider the objections contained in AMW’s first supplemental discovery responses. Remands with instructions to consider those objections. Judge Paul Felix concurs in result with separate opinion.
EdgeRock Development, LLC; ZPS Westfield, LLC; First Bank Richmond v. C.H. Garmong & Son, Inc. and Signworks, Inc.; and Fox Contractors Corp., and Fox Contractors Corp.
22A-PL-1968
Civil plenary. Affirms and reverses in part the judgment against EdgeRock Development LLC and in rem judgments against EdgeRock and ZPS Westfield LLC’s property, and the determination that EdgeRock was entitled to recover certain road-impact fees that had been paid in connection to a trails project by the city of Westfield. Remands with instructions to reduce Signworks Inc.’s mechanic’s lien to eliminate the cost of uninstalled materials; remove the award of prejudgment interest from Signwork’s mechanic’s lien; grant First Bank Richmond mortgage priority over all remaining encumbrances on EdgeRock’s property that are at issue in this case; and enter an amended judgment.
David A. Neanover v. State of Indiana (mem. dec.)
23A-CR-603
Criminal. Reverses and vacates David A. Neanover’s conviction for unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor. Finds the trial court abused its discretion in admitting into evidence Neanover’s statements to Officer Jason Lovins, and without that evidence, the state cannot establish its case.
Orlando Cook v. State of Indiana (mem. dec.)
23A-CR-747
Criminal. Affirms Orlando Cook’s conviction of Class C felony child molesting. Finds the state timely filed the charge.
Paul Ronia Grisham, Jr. v. State of Indiana (mem. dec.)
23A-CR-1457
Criminal. Affirms Paul Grisham Jr.’s conviction of Level 1 felony attempted murder. Finds the evidence was sufficient to prove beyond a reasonable doubt that Grisham had the specific intent to kill M.M. and took a substantial step to do so.
Richard J. Hopkins, Jr. v. State of Indiana (mem. dec.)
23A-CR-1506
Criminal. Affirms Richard Hopkins Jr.’s conviction of Level 5 felony possession of methamphetamine. Finds the Marshall Superior Court did not abuse its discretion in denying a chain-of-custody challenge. Also finds Hopkins has failed to establish that Kiera Brown, an EMT, conducted a search of Hopkins to assist law enforcement or that law enforcement knew of or acquiesced to it, so the Fourth Amendment does not apply. Finally, finds Hopkins has waived his argument under Article 1, Section 11 of the Indiana Constitution.
Ernesto Lopez-Morales v. State of Indiana (mem. dec.)
23A-CR-605
Criminal. Reverses Ernesto Lopez-Morales’ conviction of Level 3 felony rape. Finds no error in the admission of evidence. Also finds that because the state failed to elicit specific testimony about the charged sex act, it did not prove beyond a reasonable doubt that Lopez-Morales engaged in sexual intercourse, as the term is defined by the Legislature. Remands with instructions to enter a judgment of conviction upon the guilty verdict for Level 6 felony sexual battery, resolve all sentencing issues in a manner consistent with Sanjari v. State, 981 N.E.2d 578 (Ind. Ct App. 2013), and amend the sentencing order and abstract of judgment to reflect the proper convictions and sentences thereon.
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