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Brice Holden v. State of Indiana
19A-CR-1795
Criminal. Affirms Brice Holden’s conviction for Level 4 felony child molesting. Finds the Clay Circuit Court did not commit fundamental error in admitting the polygraph examination report. Also finds the trial court did not abuse its discretion in admitting the certified polygraph examiner’s nonhearsay testimony.
John Stuck and Cathy Stuck v. Franciscan Alliance, Inc. d/b/a Franciscan St. Francis Health Mooresville (mem. dec.)
19A-CT-1407
Civil tort. Affirms a jury’s award for Franciscan Alliance, Inc. d/b/a Franciscan St. Francis Health Mooresville against John and Cathy Stuck’s lawsuit brought under a theory of respondeat superior liability, among other things. Finds the Morgan Superior Court did not abuse its discretion in admitting Franciscan’s Exhibit R into evidence, in declining to give the Stucks’ tendered instructions purporting to clarify the model instruction about respondeat superior given by the trial court, or in denying the Stucks’ motion for judgment on the evidence.
Terrease Nesbitt v. State of Indiana (mem. dec.)
19A-PC-2515
Post conviction. Affirms the denial of Terrease Nesbitt’s petition for post-conviction relief. Finds the St. Joseph Superior Court did not err when it concluded that Nesbitt had not met the requisite showing for relief on the issue of a change in testimony. Also finds the post-conviction court did not err when it declined to find Nesbitt’s appellate counsel’s performance on direct appeal constitutionally deficient.
Alan Keith Tarchala v. State of Indiana (mem. dec.)
19A-CR-2604
Criminal. Affirms Alan Tarchala’s aggregate 14-year sentence for conviction of Level 4 felony causing death while operating a vehicle with a schedule I or II controlled substance in the blood; Level 6 felony causing serious bodily injury while operating a vehicle with a schedule I or II controlled substance in the blood; and Level 6 felony possession of methamphetamine. Finds his sentence imposed in St. Joseph Superior Court is not inappropriate in light of the nature of the offenses and Tarchala’s character.
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