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ShermansTravel Media, LLC v. Gen3Ventures, LLC
19A-PL-3024
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment in favor of Gen3Ventures, LLC against ShermansTravel Media, LLC. Finds the question of whether Shermans substantially performed its obligations under the parties’ settlement agreement is a disputed issue of material fact. Remands for further proceedings. Judge Elaine Brown concurs with a separate opinion. Judge Terry Crone dissents with a separate opinion.
M.R. v. State of Indiana (mem. dec.)
20A-JV-696
Juvenile. Affirms the Vermillion Circuit Court’s finding that then-11-year-old M.R. was a juvenile delinquent for committing what would be Level 6 felony intimidation if committed by an adult. Finds sufficient evidence supports the delinquency adjudication.
Wendell Brown a/k/a Menes Ankh El v. Robert E. Carter, Jr. (mem. dec.)
19A-MI-2684
Miscellaneous. Affirms the denial of Wendell Brown’s petition for writ of habeas corpus in Henry Circuit Court. Finds that the operation of the statutes relevant to good time credit on an inmate’s parole release are lawful and consistent, and Brown is not entitled to relief from the application of those laws to his case.
Brian Hook v. State of Indiana (mem. dec.)
20A-PC-306
Post conviction. Affirms the denial of Brian Hook’s petition for post-conviction relief. Finds Hook has failed to demonstrate that trial counsel in Wayne Superior Court was ineffective for failing to argue for alternative misdemeanor sentencing.
Christopher Nikoll v. Miranda Nikoll (mem. dec.)
19A-DR-2931
Domestic relation. Affirms the denial of Christopher Nikoll’s motion to correct error, which challenged the denial of his petition for modification of custody, parenting time, and child support order entered contemporaneously with his divorce from Miranda Nikoll. Finds the Marion Superior Court did not abuse its discretion in denying father’s motion to correct error.
Dakota J. Horn v. State of Indiana (mem. dec.)
19A-CR-2575
Criminal. Affirms Dakota Horn’s 31-year sentence with five years suspended to probation for conviction of Level 2 felony robbery resulting in serious bodily injury, Level 3 felony counts of robbery, criminal confinement and aggravated battery, Level 6 felony conspiracy to commit fraud, and Class A misdemeanor theft. Finds no need to remand to Tippecanoe Superior Court and that Horn has failed to establish that the trial court abused its discretion regarding restitution.
Brian M.E. Skirvin v. State of Indiana (mem. dec.)
20A-CR-308
Criminal. Affirms the denial of Brian Skirvin’s motion to withdraw his guilty plea for convictions of robbery, escape and resisting law enforcement. Finds Skirvin waived his challenge to the denial of his motion to withdraw his guilty plea. Waiver notwithstanding, finds Skirvin has not shown that he was subjected to a manifest injustice and therefore the Jefferson Circuit Court did not abuse its discretion in denying his motion.
James Darren Pearman v. State of Indiana (mem. dec.)
20A-CR-39
Criminal. Affirms James Pearman’s aggregate four-year sentence for conviction of theft and two counts of Level 6 felony possession of methamphetamine. Finds Pearman has not sustained his burden of establishing that his sentence imposed in Vermillion Circuit Court is inappropriate in light of the nature of the offenses and his character.
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