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John E. Moriarity, Mae E. Moriarity, and C-A-R-E Auto Auction, Inc. v. State of Indiana, Indiana Natural Resources Commission, and Indiana Department of Natural Resources
22A-PL-2899
Civil plenary. Affirms the Grant Circuit Court’s dismissal of John and Mae Moriaritys’ inverse condemnation action. Finds the complaint did not successfully plead a regulatory taking.
Bradley Woods v. State of Indiana (mem. dec.)
22A-CR-2980
Criminal. Affirms Bradley Woods’ convictions of Level 2 felony burglary and Level 5 felony battery, and his aggregate 20-year sentence. Finds the Pike Circuit Court did not abuse its discretion when it admitted a paramedic’s testimony that Woods’ injury to the top of his head was consistent with being hit by a baseball bat. Also finds the state presented sufficient evidence to sustain Woods’ convictions. Finally, finds the trial court did not abuse its discretion at sentencing.
Erik Guthrie v. K.P. and A.G. (mem. dec.)
22A-CT-3081
Civil tort. Dismisses Erik Guthrie’s appeal of the Marion Superior Court’s judgment against him and the award of $20,000 to defendants K.P. and A.G. as a sanction against Guthrie. Finds Guthrie did not timely file his pro se notice of appeal.
Tark Andrew Richard Wendling v. State of Indiana (mem. dec.)
23A-CR-398
Criminal. Affirms the Madison Circuit Court’s denial of Tark Andrew Richard Wendling’s petition to be removed from the Indiana Sex Offender Registry. Finds the trial court did not err by applying the analysis in Lemmon v. Harris when deciding whether relief was warranted under Wendling’s petition. Also finds Wendling’s status as a sexual violent predator by operation of law does not violate the ex post facto clause.
Austin Bowlin v. State of Indiana (mem. dec.)
23A-CR-726
Criminal. Affirms Austin Bowlin’s murder conviction and his 95-year sentence. Finds any error in the admission of evidence that Bowlin burned Jeff Crapo’s body was harmless. Also finds Bowlin has failed to establish that his sentence is inappropriate in light of the nature of the offense and his character.
Amir Devon Chatman v. State of Indiana (mem. dec.)
23A-CR-745
Criminal. Affirms Amir Chatman’s convictions of Level 4 felony possession of a firearm by a serious violent felon, Level 4 felony dealing in cocaine, Level 4 felony dealing in methamphetamine and Level 3 felony dealing in a schedule 1 controlled substance. Finds Chatman has not shown that the Marion Superior Court committed fundamental error in the admission of evidence.
Thomas G. Snider v. State of Indiana (mem. dec.)
23A-CR-867
Criminal. Affirms Thomas Snider’s convictions of two counts of Level 4 felony unlawful possession of a firearm by a serious violent felon and the revocation of his probation. Finds Snider invited any error with respect to the Fulton Superior Court not bifurcating his trial in Cause No. F4-581. Also finds Snider’s convictions do not violate Indiana’s prohibition against double jeopardy. Finally, finds the state presented sufficient evidence to support the revocation of Snider’s probation.
Joshua Stephens v. Camberly Stephens (mem. dec.)
23A-DC-968
Domestic relations with children. Affirms the Jennings Superior Court’s order modifying physical child custody of Joshua Stephens and Camberly Stephens’ daughter from Joshua to Camberly. Finds Joshua has failed to show an abuse of discretion or prima facie error.
Daniel Willard v. State of Indiana (mem. dec.)
23A-CR-1024
Criminal. Affirms the Ripley Superior Court’s denial of Daniel Willard’s motion for alternative placement. Finds the trial court did not abuse its discretion.
The Waters of Muncie, LLC and The Waters of Muncie, II LLC v. Carolyn Jones as Personal Representative of the Estate of Emma Jean Orick (mem. dec.)
23A-PL-1070
Civil plenary. Affirms the Delaware Circuit Court’s denial of the Waters of Muncie’s motion to dismiss an amended complaint for damages filed by Carolyn Jones. Finds the trial court did not abuse its discretion.
Christopher Kirtley v. State of Indiana (mem. dec.)
23A-CR-1158
Criminal. Affirms Christopher Kirtley’s four-year sentence for Level 6 felony possession of methamphetamine and being a habitual offender. Finds the Tippecanoe Superior Court did not err in finding an aggravator.
Devvion Williams v. State of Indiana (mem. dec.)
23A-CR-1271
Criminal. Affirms Davvion Williams’ conviction of Class A misdemeanor intimidation. Finds the state presented sufficient evidence to support his conviction.
Lissa Garcia v. State of Indiana (mem. dec.)
23A-CR-213
Criminal. Affirms Lissa Garcia’s conviction of operating a vehicle while intoxicated endangering a person. Finds no custodial interrogation occurred, so Garcia had no right to any Miranda advisements.
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