Opinions Nov. 13, 2023

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Court of Appeals of Indiana
Herman O. Fritz v. State of Indiana
22A-CR-2340
Criminal. Affirms and reverses in part Herman O. Fritz’s convictions of Level 6 felony possession of methamphetamine, Class A misdemeanor resisting law enforcement, Class A misdemeanor possession of marijuana with a prior conviction and Class C misdemeanor possession of paraphernalia. Finds the Elkhart Superior Court did not abuse its discretion in the admission of evidence seized from a pat-down search and subsequent search incident to Fritz’s arrest. Also finds the state failed to present sufficient evidence to sustain Fritz’s possession-of-marijuana conviction. Remands with instructions for the trial court to vacate Fritz’s conviction and sentence for the Class A misdemeanor possession-of-marijuana conviction.

Mark Stoner v. Julia M. Stoner and Elizabeth G. Stoner
23A-DC-1185
Domestic relations with children. Reverses the dismissal of grandfather Mark Stoner’s petition for grandparent visitation. Finds Stoner has established prima facie error and may seek visitation rights with S.S. and under the Grandparent Visitation Act. Remands for further proceedings. 

David Pannell v. Bessie E. Leonard, et al. (mem. dec.)
22A-PL-922
Civil plenary. Dismisses David Pannell’s appeal of the dismissal of his complaint under Trial Rule 41(E). Finds Pannell’s appeal is untimely.

D’Ante N. Davis v. State of Indiana (mem. dec.)
23A-CR-640
Criminal. Affirms D’Ante Davis’ convictions of felony murder, Level 3 felony robbery and Level 3 felony conspiracy to commit robbery. Finds Davis has demonstrated no abuse of discretion in the evidentiary rulings made by the Delaware Circuit Court.

Chad S. Taylor v. State of Indiana (mem. dec.)
23A-CR-530
Criminal. Affirms Chad Taylor’s convictions of Level 5 felony criminal confinement, Class A misdemeanor domestic battery and Class A misdemeanor interference with the reporting of a crime, and his aggregate six-year sentence. Finds the Elkhart Superior Court did not abuse its discretion when it denied Taylor’s motion for a mistrial. Also finds there is sufficient evidence to support Taylor’s Level 5 felony conviction. Finally, finds Taylor’s sentence is not inappropriate.

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