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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
In the Matter of the Civil Commitment of: M.T. v. Community Health Network
23A-MH-341
Mental health. Affirms M.T.’s temporary commitment. Finds the appeal is not moot because M.T. may face negative collateral consequences with respect to future involuntary civil commitment proceedings if the instant commitment order were invalid and left undisturbed. Also finds Community Health Network presented sufficient evidence to support M.T.’s temporary commitment.
In the Matter of the Civil Commitment of: C.P. v. St. Vincent Hospital and Health Care Center, Inc. d.b.a. St. Vincent Stress Center
22A-MH-2960
Mental health. Affirms C.P.’s order of involuntary commitment. Finds the collateral consequences that accompany C.P.’s order of involuntary civil commitment make his appeal from that order not moot even though the term of his commitment has expired. Also finds St. Vincent Stress Center presented sufficient evidence to support the Marion Superior Court’s order that C.P. be involuntarily committed for not more than 90 days.
Gary Wayne Lafferty v. State of Indiana (mem. dec.)
23A-CR-10
Criminal. Affirms Gary Wayne Lafferty’s sentence to an aggregate of eight years, with two years suspended to probation to be served consecutively to a sentence imposed in another cause, for his conviction of Level 6 felony operating a vehicle while intoxicated and his admission to being a habitual vehicular substance offender. Finds the amended abstract of judgment incorrectly identifies the HVSO enhancement as a separate count or offense with a separate sentence to be served consecutively to the OVWI sentence, but the sentencing order from which Lafferty appeals sets out the proper sentence. Also finds the sentencing order controls, so any error in the abstract is not a basis for appeal. Remands for correction of technical errors on the abstract of judgment.
Holly Cabe v. State of Indiana (mem. dec.)
23A-CR-214
Criminal. Affirms the order for Holly Cabe to pay $141,452.14 in restitution, reduced to a civil judgment, after pleading guilty to Class A misdemeanor operating a vehicle while intoxicated endangering a person and Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of at least 0.15. Finds the evidence provided a sufficient basis for the restitution order.
John Thomas Storm, Sr. v. State of Indiana (mem. dec.)
23A-CR-479
Criminal. Affirms John Thomas Storm Sr.’s conviction of Level 3 felony armed robbery and his sentence to 16 years, with four years suspended. Finds Storm’s conviction is amply supported by the evidence. Also finds Storm’s sentence is not inappropriate and is not an outlier that warrants revision.
Jerold Leroy Gaines v. State of Indiana (mem. dec.)
23A-CR-502
Criminal. Affirms Jerold Leroy Gaines’ sentence to 10 years, with seven years executed and three years suspended to probation, for Level 4 felony child molesting. Finds Gaines has not established any error in the Morgan Superior Court’s sentencing decision.
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