Opinions May 21, 2020

Indiana Court of Appeals
Melvin Hall v. Bradley Shaw, Giovanni Narducci, and Central Indiana Protection Agency, Inc.
19A-CT-2533
Civil tort. Affirms and reverses in part the Marion Superior Court’s dismissal of Melvin Hall’s lawsuit against Bradley Shaw, Giovanni Narducci and Central Indiana Protection Agency Inc. alleging defamation, abuse of process, malicious prosecution and intentional infliction of emotional distress, and the partial denial of the defendants’ motion to dismiss Hall’s lawsuit. Finds the trial court erred in denying the defendants’ motion to dismiss Hall’s defamation and abuse of process claims based on Narducci’s July 2018 consumer complaint with the Attorney General’s Office. Also finds the trial court correctly dismissed Hall’s defamation claims based on alleged events that occurred before May 22, 2016, and on Gerald Alexander and Guillerma Lolla-Martinez’s trial testimony. Finally, finds the trial court erred in dismissing Hall’s malicious prosecution claims against all defendants based on his criminal prosecution, defamation claims against all defendants based on Alexander and Lolla-Martinez’s out-of-court statements made before Hall’s criminal trial, and IIED claims against Shaw and CIPA based on Narducci’s July 2018 voicemail. Remands for further proceedings.

Tony Curtis Lester, Sr. v. State of Indiana (mem. dec.)
19A-CR-2532
Criminal. Affirms Tony Lester Sr.’s advisory three-year executed sentence for his conviction of Level 5 felony burglary. Finds that his executed advisory sentence is not inappropriate.

Tyrion L. McNair v. State of Indiana (mem. dec.)
19A-CR-491
Criminal. Affirms Tyrion McNair’s convictions of murder and using a firearm in the commission of a felony. Finds the Allen Superior Court properly denied McNair’s Criminal Rule 4(B) petition for discharge. Also finds McNair waived appellate review of any alleged error in the exclusion of evidence. Finally, finds the evidence is sufficient to support McNair’s murder conviction.