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Kerry Silvers v. State of Indiana
24A-PC-277
Post-conviction relief. Affirms Lawrence Superior Court Judge Robert Cline’s denial of Kerry Silvers’ petition for post-conviction relief, which alleged he received ineffective assistance of trial counsel. Finds Silvers failed to meet his burden of showing he is entitled to post-conviction relief on any of his claims. Also finds the PCR court erred in determining that Silvers’ claims are barred by laches, but it did not err in denying Silvers’ PCR petition because Silvers’ did not meet his burden of showing he received ineffective assistance of trial counsel. Attorney for appellant: Victoria Casanova. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Daylon Welliver.
Indiana Land Trust #3082; Trustee of Indiana Land Trust #3082, Omar Abuzir, and Haitham Abuzir v. Hammond Redevelopment Commission, et. al.
24A-PL-1284
Civil plenary. Reverses Lake Superior Court Judge Bruce Parent’s order dismissing Indiana Land Trust #3082 and other plaintiffs’ complaint against the Hammond Redevelopment Commission, the City of Hammond, Thomas McDermott, Jr., Tony Hauprich, Greg Myricks, Dawn Tomich, Wally Kasprzycki, Miriam Soto Pressley, and Anna Mamala. Finds the appellate court cannot say that the facts are undisputed, and declines at this stage of the proceedings to conclude as a matter of law whether the defendants were immune under the Indiana Tort Claims Act. Attorneys for appellants: Karol Schwartz, Greg Bouwer, Jeffrey Carroll. Attorneys for appellees: David Jensen, Robert Feldt, David Westland.
Richard Lawrence-Ari Brooks, Jr. v. State of Indiana
23A-CR-2602
Criminal. Affirms Richard Lawrence-Ari Brooks, Jr.’s convictions in Monroe Circuit Court for Level 3 felony child molesting. Finds the trial court did not abuse its discretion when it denied Brooks’s motion to suppress based on the police ping of Brooks’s phone, as Brooks has not demonstrated the ping was improper under the applicable statute or either constitution. Also find that considering the overwhelming evidence of Brooks’s guilt from other sources of evidence, any error that might have occurred when the trial court admitted evidence collected from his phone and hotel room pursuant to the search warrant was, at most, harmless. Attorney for appellant: Lawrence Stropes. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General J.T. Whitehead.
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