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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Wiley R. Jones v. State of Indiana
23A-CR-739
Criminal. Reverses Wiley Jones’ sentences for six counts of possession of child pornography as Level 5 felonies. Finds Counts I through VI constitute a single episode of criminal conduct and are subject to the limitation in Ind. Code § 35-50-1-2(d). Remands to the Floyd Superior Court with instructions to resentence Jones consistent with this opinion.
Anthony Cook v. State of Indiana
23A-CR-87
Criminal. Affirms Anthony Cook’s convictions for two counts of dealing in methamphetamine. Finds the Johnson Superior Court did not err in admitting evidence. Also finds the trial court did not abuse its discretion in denying Cook’s motion for a continuance.
London Witte Group, LLC v. City of Marion
22A-MI-2060
Civil miscellaneous. Affirms the Grant Superior Court’s denial of London Witte Group’s motions for a directed verdict. Finds the trial court did not abuse its discretion in denying LWG’s motion for a directed verdict on the city’s claim of adverse domination. Also finds the jury’s award of damages was not excessive.
Evansville Vanderburgh School Corporation and Scott Elementary School and Justin J. Wolf v. John Doe I and Jane Doe, Individually and on behalf of their minor child, John Doe II (mem. dec.)
23A-CT-500
Civil tort. Reverses the Vanderburgh Superior Court’s denial of Evansville Vanderburgh School Corporation and Scott Elementary School’s motion for summary judgment. Finds because no genuine issue of material fact exists as to when the claims accrued or the untimeliness of John and Jane Doe’s tort claim notice, summary judgment should have been granted as to their claims.
Darin Jackson v. Brandee Jackson (mem. dec.)
23A-DC-289
Domestic relations with children. Reverses the property division order in Darin Jackson and Brandee Jackson’s divorce. Finds undisputed errors. Remands for proceedings consistent with this opinion. Affirms the Hendricks Superior Court’s order that Darin pay 65% of Brandee’s attorney fees. Finds Brandee’s financial circumstances were so challenging that she had been unable to pay most of her attorney fees as of the final hearing.
Jamar Gaddis v. State of Indiana (mem. dec.)
23A-CR-796
Criminal. Affirms Jamar Gaddis’ convictions of Level 5 felony domestic battery and Level 6 felony strangulation. Finds no double-jeopardy violation. Reverses the Marion Superior Court’s merger of his Level 6 felony domestic battery. Remands with instructions to vacate the conviction, conduct an indigency hearing and clarify Gaddis’ fees for community corrections.
Alfredo Rivera Garduno v. State of Indiana (mem. dec.)
23A-CR-861
Criminal. Affirms Alfredo Garduno’s convictions for Level 1 felony child molesting and Level 4 felony child molesting. Finds no support for Garduno’s argument that the Marion Superior Court should have acted sua sponte and rejected Garduno’s written waiver of his right to a jury trial on the basis that a Spanish version of the document did not also exist.
Ralph Gardner v. State of Indiana (mem. dec.)
23A-CR-1178
Criminal. Affirms Ralph Gardner’s conviction for Level 3 felony rape. Finds sufficient evidence to support the conviction in the Marion Superior Court.
Wayne Edward Hensel, Jr. v. State of Indiana (mem. dec.)
23A-CR-357
Criminal. Affirms Wayne Hensel Jr.’s convictions for Level 5 felony burglary and Class B misdemeanor criminal mischief. Finds sufficient evidence to support the convictions in the St. Joseph Superior Court.
Shawn Tyler Miller v. State of Indiana (mem. dec.)
23A-CR-515
Criminal. Affirms Shawn Miller’s conviction for Level 4 felony resisting law enforcement. Finds sufficient evidence to support the conviction in the Vanderburgh Superior Court.
Tracey L. Wheeler v. State of Indiana (mem. dec.)
23A-CR-1568
Criminal. Affirms the Vigo Superior Court’s denial of Tracey Wheeler’s motion to correct error. Finds the trial court did not err.
Terral Lerron Golden v. State of Indiana (mem. dec.)
23A-PC-246
Post-conviction relief. Affirms the St. Joseph Superior Court’s denial of Terral Golden’s petition for post-conviction relief. Finds the post-conviction court did not err in summarily denying Golden’s petition.
Conner Ryan Gilles v. M.M.G. (mem. dec.)
23A-PO-1255
Protection order. Affirms the Hamilton Superior Court’s issuance of a protective order against Conner Gilles. Find sufficient evidence to support the order.
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