Opinions July 20, 2023

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Court of Appeals of Indiana
Bryan Priest v. State of Indiana
22A-MI-2845
Miscellaneous. Affirms judgment by the Hendricks Superior Court finding Bryan Priest guilty of operating a commercial vehicle with an alcohol concentration equivalent of 0.04 but less than 0.08. Finds evidence admitted at Priest’s bench trial did not constitute hearsay and complied with the Indiana Administrative Code.

H & S Financial, Inc., as assignee of Absolute Resolutions Corp. as assignee of C1 Professional Training Center v. Donald Parnell
23A-SC-154
Small claims. Dismisses H & S Financial Inc.’s appeal. Finds H & S is not a party of record and did not show entitlement as a plaintiff owning the described judgment against the defendant, per the requirements of Indiana Trial Rule 69(E).

Melanie Ann Messer v. State of Indiana (mem. dec.)
22A-PC-2501
Post-conviction. Affirms the Hendricks Superior Court’s denial of Melanie Messer’s petition for post-conviction relief. Finds Messer has not demonstrated that her trial counsel performed deficiently.

Skylar L. McGraw v. State of Indiana (mem. dec.)
23A-CR-60
Criminal. Affirms the Allen Superior Court’s determination that Skylar L. McGraw violated the terms of her probation and the court’s sanction of probation revocation. Finds the trial court did not abuse its discretion when it found that McGraw had violated the terms of her probation by failing to maintain good behavior and sanctioned that violation by a revocation of probation.

Alan Dale Morgan v. State of Indiana (mem. dec.)
22A-CR-3103
Criminal. Affirms Alan Dale Morgan’s 70-year aggregate sentence imposed by the LaPorte Circuit Court following Morgan’s guilty plea to murder, Level 5 felony battery and Level 6 felony resisting law enforcement. Finds the trial court did not abuse its discretion during sentencing. Also finds Morgan’s sentence is not inappropriate in light of the nature of the offenses and his character.

Shawn D. Colwell v. State of Indiana (mem. dec.)
23A-CR-133
Criminal. Affirms the Madison Circuit Court’s denial of Shawn Colwell’s verified motion to compel sentence computation. Finds Colwell does not allege a violation of any constitutional right or cite any statute.

Curtis A. Patterson v. State of Indiana (mem. dec.)
22A-CR-2486
Criminal. Affirms Curtis Patterson’s convictions in Marion Superior Court of multiple handgun-related felonies. Finds Patterson waived his argument that the trial court erred in admitting handgun-related evidence, and any error would be harmless.

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