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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
U.S. Bank National Association as Trustee for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1998-7 v. Mary Sue Spencer and Phillip L. Spencer
22A-MF-2184
Mortgage foreclosure. Reverses the Martin Circuit Court’s denial of U.S. Bank’s motion for summary judgment in a foreclosure action against Mary and Phillip Spencer. Finds the trial court erroneously denied U.S. Bank’s motion for summary judgment. Remands with instructions to vacate the judgment, enter partial summary judgment in favor of U.S. Bank and conduct further proceedings consistent with the opinion.
William Washburn v. State of Indiana (mem. dec.)
22A-CR-2739
Criminal. Affirms William Washburn’s conviction for a level 6 felony of pointing a firearm at another person. Finds the state was not required to prove that the firearm was loaded because Washburn did not place the fact that the firearm was unloaded at issue by producing evidence that it was unloaded.
Jessica Nicole Hauk v. State of Indiana (mem. dec.)
23A-CR-291
Criminal. Affirms Jessica Hauk’s sentence of 18 months, with six months to serve in the Department of Correction and 12 months suspended to probation, for Level 6 felony theft. Finds Hauk’s sentence is not inappropriate.
David Joseph Nies Rhoades v. State of Indiana (mem. dec.)
22A-CR-3031
Criminal. Affirms David Rhoades’ convictions in Marshall Superior Court for possession of a narcotic drug, a Level 5 felony; unlawful possession of a syringe, a Level 6 felony; and possession of paraphernalia, a Class C misdemeanor. Finds the state presented sufficient evidence to support Rhoades’ convictions.
Daniel R. Smith v. State of Indiana (mem. dec.)
23A-CR-128
Criminal. Affirms Daniel Smith’s convictions of two counts of Level 1 felony child molesting and two counts of Level 4 felony child molesting, and his aggregate 60-year sentence. Finds the Warrick Superior Court did not err in the admission of evidence. Also finds Smith’s sentence is not inappropriate. Judge Patricia Riley dissents with separate opinion.
Demetrus T. Weems v. State of Indiana (mem. dec.)
22A-CR-2880
Criminal. Affirms Demetrus Weems’ conviction for Level 4 felony dealing in methamphetamine in the presence of a child. Finds the Feb. 26 transaction could have been the basis for the jury’s guilty verdict, and Weems does not challenge the sufficiency of the evidence as to that transaction.
LaJonte Hall v. State of Indiana (mem. dec.)
23A-CR-168
Criminal. Affirms the Howard Superior Court’s revocation of LaJonte Hall’s probation and the order for Hall to serve the balance of his suspended sentence. Finds the trial court did not abuse its discretion.
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