Opinions March 11, 2024

The following opinion was published after IL’s deadline Friday:

7^th Circuit Court of Appeals
Randall Artis v. Adrian Santos
22-2619
Civil. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Theresa Springmann. Affirms the district court’s verdict in Adrian Santos’s favor and the denial of Randall Artis’s motions for a new trial under Rule 59 and for judgment as a matter of law under Rule 50(b). Finds the court did not improperly admit expert testimony from Roosevelt Haywood or err in denying Artis’ s for cause challenge to an allegedly biased prospective juror. Also finds the court did not issue confusing and misleading jury instructions and verdict forms and that the jury’s completed verdict forms were consistent.

Monday opinions

Indiana Court of Appeals
Jermaine Garnes v. State of Indiana
23A-CR-606
Criminal. Affirms Jermaine Garnes’ murder conviction and 65-year prison sentence in Tippecanoe Superior Court. Finds the trial court did not abuse its discretion in declaring a mistrial in Garnes’s first trial and his second trial did not violate double jeopardy protections. Also finds his sentence is not inappropriate in light of Garnes’s character and the nature of his offense.

Christopher S. Applegate v. State of Indiana
23A-CR-954
Criminal. Affirms Christopher Appelgate’s convictions for Level 3 felony armed robbery, Level 5 felony battery, Level 6 felony auto theft, and Class A misdemeanor criminal mischief and his adjudication in Clark Circuit Court as a habitual offender.  Finds the admission of Tiffany Cox’s statements to the officers did not violate Applegate’s Sixth Amendment rights. Also finds the trial court did not violate Applegate’s right under Article 1, Section 19 of the Indiana Constitution to have the jury determine both the law and the facts of the state’s habitual offender allegation.

In the Matter of the Leonard L. Fox Revocable Trust: Wendi A. Fox and Joanna Guzman, individually and as beneficiary and successor trustee v. Benjamin T. Ballou (mem. dec.)
23A-TR-543
Trust. Affirms the Lake Circuit Court’s denial of Joanna Guzman’s motion for relief under Indiana Trial Rule 60(B). Finds the trial court did not abuse its equitable discretion in denying Guzman’s motion.

Robert W. Stevenson v. State of Indiana (mem. dec.)
23A-PC-1681
Post conviction relief. Affirms the Porter Superior Court’s order, denying Robert Stevenson’s petition for post conviction relief. Finds the post conviction court’s conclusions that Stevenson received effective assistance of trial counsel and appellate counsel were not clearly erroneous.

Charles E. Thieme v. State of Indiana (mem. dec.)
23A-CR-1869
Criminal. Affirms the Washington Circuit Court’s sentence for Charles Thieme after he pleaded guilty to child molestation and denial of his motion to correct error. Finds the trial court’s eight-year sentence does not exceed Thieme’s plea agreement guidelines and Thieme’s sentence is not inappropriate in light of the nature of the offense and his character.

Bradley A. Parke v. State of Indiana (mem. dec.)
23A-CR-2304
Criminal. Affirms the Vermillion Circuit Court’s order finding that Bradley Parke serve executed time of six years in the Indiana Department of Correction following the court’s revocation of his probation. Finds the trial court did not abuse its discretion when it ordered him to serve executed time.

Randy E. Garrett, Jr. v. State of Indiana (mem. dec.)
23A-CR-1988
Criminal. Affirms Randy Garrett’s conviction in Miami Circuit Court for child solicitation, a Level 4 felony. Finds that the state proved beyond a reasonable doubt that Garrett believed the person he solicited was 14 years old, sufficient to sustain his conviction for felony child solicitation.

Connie N. Lefeber v. State of Indiana (mem. dec.)
23A-CR-2274
Criminal. Affirms Connie Lefeber’s conviction for Class B misdemeanor disorderly conduct following a Marion Superior Court bench trial. Finds the state presented sufficient evidence to support her conviction.

Jashawn Jones v. State of Indiana (mem. dec.)
23A-CR-431
Criminal. Affirms Jashawn Jones’s aggregate 95-year sentence, 60 years for murder and 35 years for attempted murder, in Marion Superior Court. Finds neither the nature of Jones’ offense nor his character support revising his sentence.

State of Indiana v. Joseph S. Ray (mem. dec.)
23A-CR-1300
Criminal. Reverses the Lawrence Superior Court’s order to to suppress evidence arising out of Joseph Ray’s traffic stop. Finds the stop was valid and there was no evidence presented to support the court’s determination about the Bureau Motor Vehicles. Remands for further proceedings.

Wayne A. Jewell v. State of Indiana (mem. dec.)
23A-CR-1080
Criminal. Affirms Wayne Jewell’s sentence in Howard Circuit Court for child molesting, a Level 1 felony, child molesting, a Level 4 felony and child exploitation, a Level 5 felony. Finds that Jewell’s 50-year sentence is not inappropriate given the nature of his offenses and his character.

Alexandra L. Gales v. State of Indiana (mem. dec.)
23A-CR-598
Criminal. Affirms Alexandra Gales’s 65-year executed sentence for murder in Clark Circuit Court. Finds Gales’s sentence is not inappropriate in light of the nature of the offense or her character.