Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
August Wohlt v. Christi Wohlt
22A-DR-2685
Domestic relations. Reverses the denial of summary judgment. Finds August Wohlt was entitled to summary judgment as a matter of law on the issue of whether the cryptocurrencies were subject to division in a property settlement agreement with Christi Wohlt.. The appellate court enters summary judgment for August. Affirms the Delaware Circuit Court’s findings and conclusions regarding the award of attorney fees. Also finds August waived the majority of his claims regarding the trial court’s award of expert witness and attorney’s fees and that he failed to demonstrate the merit of any preserved claims.
Louis J. Kalozi v. State of Indiana
22A-CR-2797
Criminal. Affirms the Lake Superior Court’s denial of Louis Kalozi’s motion to dismiss two counts of sexual misconduct with a minor. Finds Indiana’s double jeopardy statute does not bar Kalozi’s state prosecution, even though he pleaded guilty in his federal case and received a 15-year aggregate sentence. Remands for further proceedings.
Gina McNeil v. Omni Hotels Management Corporations d/b/a OMNI Severin Hotel and The City of Indianapolis (mem. dec.)
23A-CT-268
Civil tort. Affirms the Marion Superior Court’s order granting the City of Indianapolis’s motion for summary judgment. Finds the trial court did not err in granting the city’s motion for summary judgment. Reverses the order granting Omni Hotels Management Corporation’s motion for summary judgment. Finds Gina McNeil’s contract and negligence claims should be heard and determined by the trier of fact. Remands for further proceedings.
Tim Halter v. State of Indiana (mem. dec.)
23A-CR-620
Criminal. Affirms Tim Halter’s convictions in Knox Superior Court of Class A misdemeanor domestic battery. Finds the “incredible dubiosity” rule does not apply under the circumstances and that the state presented sufficient evidence.
Michael Ramon Ramos v. State of Indiana (mem. dec.)
22A-CR-2804
Criminal. Affirms Michael Ramos’s conviction in Marion Superior Court for Level 6 felony domestic battery. Finds sufficient evidence was presented to disprove Ramos’s claims of self-defense and defense of property. Also finds prosecutorial misconduct did not result in fundamental error.
Richard Johnson v. State of Indiana (mem. dec.)
23A-CR-825
Criminal. Affirms Richard Johnson’s five-year executed sentence in Miami Superior Court for Level 5 felony battery resulting in bodily injury to a public safety official. Finds Johnson has not met his burden to establish that his sentence is inappropriate in light of the nature of his offense and his character.
Matthew Tribble v. State of Indiana (mem. dec.)
23A-CR-1142
Criminal. Affirms Matthew Tribble’s sentence for violating the terms of his work release placement. Finds Tribble waived his right to bring the appeal through the terms of his plea agreement.
Q.F. v. State of Indiana (mem. dec.)
23A-JV-1385
Juvenile. Affirms the Gibson Circuit Court’s revocation of Q.F.’s probation. Finds there was sufficient evidence to support the revocation. Also finds Q.F. violated the rules of Hillcrest Home and his removal from that placement was sufficient to support the revocation of his probation and modification of his dispositional decree.
Lagg’s Automotive v. Ricky Stanton (mem. dec.)
23A-SC-815
Small claims. Affirms the Huntington Superior Court’s judgment in the amount of $4,000 in favor of Ricky Stanton. Finds the small claims court did not abuse its discretion in ordering Lagg’s Automotive to return Stanton’s down payment.
Please enable JavaScript to view this content.