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Edward Koziski v. State of Indiana
20A-CR-1889
Criminal. Affirms and reverses in part Edward Koziski’s convictions of two counts of Level 1 felony child molesting and one count each of Level 5 felony criminal confinement and Level 5 felony kidnapping. Finds the test in Wadle v. State, 151 N.E.3d 227 (Ind. 2020) applies. Also finds that under Wadle, Koziski’s Level 1 felony convictions do not violate double jeopardy. Finally, finds Koziski’s Level 5 felony convictions do violate double jeopardy under Wadle, because confinement is an included offense of kidnapping. Remands with instructions to vacate Koziski’s conviction and sentence for Level 5 felony criminal confinement.
Estate of Paul E. Nonte and Jasper Southgate Industries, Inc. v. Robert A. Gardner, II and Kelle Brind’Amour d/b/a Siblings Properties, LLC a/k/a Siblings, LLC, and Jerry Werne and Duet Property Services, LLC (mem. dec.)
20A-PL-1589
Civil plenary. Affirms and reverses in part the judgment and order of damages in favor of Robert A. Gardner II and Kelle Brind’Amour on their suit for breach of contract against the Estate of Paul E. Nonte and Jasper Southgate Industries. Finds the Dubois Circuit Court’s determination that Paul Nonte ratified the contract is not clearly erroneous. Also finds the aggregate amount upon which prejudgment interest was ordered is incorrect. Finally, finds Gardner and Brind’Amour are entitled to appellate attorney fees. Remands for a recalculation of prejudgment interest and a determination of appellate attorney fees.
Eric J. Mapes v. State of Indiana (mem. dec.)
21A-PC-250
Post-conviction. Affirms the denial of Eric J. Mapes’ petition to remove his name from Indiana’s sex offender registry pursuant to Indiana Code § 11-8-8-22. Finds Mapes has not shown that the Marion Superior Court erred when it summarily denied his petition.
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