Opinions June 3, 2020

Indiana Court of Appeals
David E Killian v. State of Indiana
19A-CR-02628
Criminal. Affirms David Killian’s conviction of sexual misconduct with a minor. Finds that because sexual misconduct with a minor over 20 ago could not have been the source of the pregnancy, the Kosciusko Superior Court properly excluded evidence that Killian’s son could have been the “source” of the victim’s pregnancy. Finds Evidence Rule 412(b)(1)(A) does not allow for this speculation.

Billy Gene Luke v. State of Indiana (mem. dec.)
19A-CR-2229
Criminal. Affirms Billy Luke’s aggregate 7½-year sentence for conviction in Dearborn Circuit Court of three counts of Level 6 felony criminal stalking. Finds Luke was not denied a fair trial by the admission of expert testimony or the state’s exhibit. Also finds he was not subjected to double jeopardy, nor was he denied the effective assistance of trial counsel. Lastly, finds the statutory limitation for a single episode of criminal conduct is not applicable to Luke’s consecutive sentences.

Jennings Daugherty v. State of Indiana (mem. dec.)
19A-PC-1824
Post conviction. Affirms the denial of Jennings Daugherty’s petition for post conviction relief. Finds Daugherty failed to establish that appellate counsel was ineffective for failing to consult with him or his trial counsel. Also finds no reason to believe that the PCR transcript was not “fully and accurately transcribed,” as found by the Wayne Superior Post-Conviction Court.

Hayden Nix v. State of Indiana (mem. dec.)
19A-CR-2300
Criminal. Affirms Hayden Nix’s convictions in Hancock Circuit Court of sexual misconduct with a minor as Level 5 felonies. Concludes that Nix has not sustained his burden of establishing that his aggregate sentence of seven years is inappropriate in light of the nature of the offenses and his character.

Crystal Foods Corporation v. B & K Equipment Company (mem. dec.)
19A-PL-2773
Civil plenary. Affirms in part, reverses in part, remands. Finds the Lake Superior Court properly denied B&K Equipment’s motion for summary judgment regarding its statute of limitations defense. However, finds that the trial court erred by granting B&K’s motion for summary judgment regarding Crystal’s breach of contract claim.

Robert Wright v. State of Indiana (mem. dec.)
19A-CR-3012
Criminal. Affirms Robert Wright’s conviction in Marion Superior Court of Class A misdemeanor invasion of privacy. Finds the circumstances do not parallel those in Tharp v. State, 942 N.E.2d 814 (Ind. 2011). Ultimately finds that in light of the record and the reasonable inferences supporting the verdict, Wright acted with a high probability that he was violating a protective order.