Opinions

Indiana Court of Appeals
Salvador A. Jones v. State of Indiana
24A-CR-1102
Criminal. Affirms Salvador Jones’ conviction in Floyd Circuit Court for Level 5 felony robbery. Finds there is no Sixth Amendment right to counsel in Indiana prior to the initial hearing before an Indiana judicial officer. Also finds Jones did not properly invoke his right under the Interstate Agreement on Detainers to be brought to trial within 180 days of the state’s detainer request. Finally, finds the trial court did not commit fundamental error when it permitted the state to use self-authenticating affidavits as part of the foundation for the admissibility of surveillance videos and photographs. Attorney for appellant: Andrew Rutz. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Ellen Meilaender.

Indiana Court of Appeals
Brandon Francis Schaefer v. State of Indiana
24A-CR-1387
Criminal. Affirms Brandon Schaefer’s conviction for murder In Vanderburgh Circuit Court following a jury trial, where the jury found Schaefer guilty but mentally ill. Finds the trial court did not abuse its discretion when it, sua sponte and over his objection, instructed the jury on the possible penal consequences of a not responsible by reason of insanity verdict and a guilty but mentally ill verdict. Attorney for appellant: Yvette LaPlante. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Ian McClean.

Indiana Court of Appeals
Melvin Lee Weaver v. State of Indiana
24A-CR-766
Criminal. Affirms Melvin Weaver’s reckless homicide conviction in Delaware Circuit Court. Finds Weaver’s challenge to the sufficiency of the evidence amounts to nothing more than an invitation to reweigh the evidence. Also finds that the trial court did not abuse its discretion in admitting the redacted BMV record into evidence. Attorneys for appellant: Mark Leeman, Tom F. Hirschauer, III. Attorneys for appellee” Attorney General Todd Rokita, Deputy Attorney General Samuel Dayton.

Indiana Court of Appeals
Ryan David Quartier v. State of Indiana
24A-CR-1381
Criminal. Affirms Ryan Quartier’s convictions and his 26-year sentence in Hendricks Superior Court for Level 3 felony criminal confinement while armed with a deadly weapon and Level 5 felony battery with a deadly weapon. Finds there is sufficient evidence that Quartier was armed with and used a deadly weapon. Also finds the trial court did not abuse its discretion in admitting Alicia Conner’s out-of-court statements.  Attorney for appellant: Zachary Stock. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General J.T. Whitehead.

Indiana Court of Appeals
Shawn Laver Perry v. State of Indiana
24A-CR-1624
Criminal. Affirms Shawn Perry’s conviction in Lake Superior Court for criminal confinement. Finds sufficient independent evidence supported Perry’s conviction for criminal confinement. Also finds that because of the trial court’s clear intent to vacate Counts 2 and 5, the case should be remanded with instructions to correct the abstract of judgment. Remands to trial court with instructions the abstract should reflect Perry’s standing convictions for criminal confinement, intimidation and domestic battery. Attorney for appellant: Sean Mullins. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Justin Roebel.

Indiana Court of Appeals
Facundo Ramos-Osario v. State of Indiana
24A-CR-1761
Criminal. Reverses the Marion Superior Court’s conviction of Facundo Ramos-Osario for operating a vehicle with an A.C.E. of .08 or more, a Class C misdemeanor. Finds that the totality of the circumstances does not establish that there was a reasonable, particularized suspicion to stop Ramos-Osario’s truck. Also finds the trial court abused its discretion in admitting evidence of the stop and anything that flowed from it. Attorney for appellant: Alexander Budzenski. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Ian McLean.

Indiana Court of Appeals
Emily F. Tidd v. The Estate of Gary Tidd, Sr., Deceased
24A-ES-1395
Estate. Reverses Hancock Superior Court Judge Donald Davis’ denial Emily Tidd’s claim for a statutory spousal allowance following the death of her husband, Gary Tidd. Finds the probate court applied the wrong burden of proof and the wrong analysis in determining that the Disinheritance Statute barred Emily’s claim for a spousal allowance. Also finds the probate court’s analysis deviated from established precedent defining “abandonment” for purposes of the Disinheritance Statute as requiring a physical separation without mutual consent. Finally, finds Emily’s alleged disparaging remarks about Gary and what the trial court viewed as the couple’s non-traditional marital roles are irrelevant under existing law to determine whether she abandoned Gary for purposes of the Disinheritance Statute. Attorney for appellant: Ann Coriden. Attorney for appellee: Briane House.

Indiana Court of Appeals
Kerry Silvers v. State of Indiana
24A-PC-277
Post-conviction relief.  Affirms the Indiana Court of Appeals’ original opinion in which the court denied Kerry Silvers’ petition for post-conviction relief. Finds that the appellate court misstated Strickland’s prejudice standard. Also finds that the misstatement does not change the court’s conclusions regarding Silvers’s ineffective assistance of counsel claims. Finally, finds Silvers has not shown a reasonable probability existed that but for his trial counsel’s alleged errors, the result of his trial would have been different. Attorney for appellant: Victoria Bailey Casanova. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Daylon Welliver.

7^th Circuit Court of Appeals
Skyler Tackett v. Kristen Dauss
23-2246
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney II. Affirms the district court’s summary judgment order in favor of Kristen Dauss against a deliberate indifference claim filed by Skyler Tackett, the personal representative of Raymond Tackett’s estate. Finds that Skyler Tackett presented insufficient evidence for a reasonable jury to find Dauss liable for Raymond Tackett’s death from hepatitis C in Dauss’ individual capacity as the Indiana Department of Correction’s chief medical officer. Attorney for appellant: Mark Sniderman. Attorneys for appellee: Abigail Recker, Ryan Shouse.

Indiana Court of Appeals
Jasmine Warstler v. State of Indiana
24A-CR-1083
Criminal. Affirms Noble Superior Court Judge Steven Hagen’s order that sanctioned Jasmine Warstler’s attorneys, Helen and Jarvis Newman, for disclosing two rebuttal witnesses on the evening before her jury trial in violation of Indiana Criminal Procedure Rule 2.5. Finds the $883.44 sanction is directly tied to the actual costs incurred and represents a measured response to the discovery violation. Also finds that this sanction is a fair and equitable remedy in this case and thus, the trial court did not abuse its discretion when it sanctioned Warstler’s attorneys. Attorney for appellant: Jessica Merino. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Jennifer Anwarzai.

Indiana Court of Appeals
Brent D. Mullis v. State of Indiana
24A-PC-1025
Post-conviction relief. Affirms Bartholomew Circuit Court Judge Kelly Benjamin’s sentence of Brent Mullis to 12 years in prison for felony burglary, theft and criminal mischief, and his adjudication as an habitual offender. Finds Mullis failed to show that trial counsel rendered ineffective assistance of counsel. Also finds Mullis has failed to show fundamental error, there is sufficient evidence to support Mullis’ conviction and Mullis’ aggregate sentence is not inappropriate. Attorney for appellant: R. Patrick Magrath. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Kathy Bradley.

Indiana Court of Appeals
Lei Gamble v. State of Indiana
24A-CR-1115
Criminal. Affirms Lei Gamble’s convictions in Marion Superior Court for murder and carrying a handgun without a license. Finds the trial court did not abuse its discretion by admitting Gamble’s statement to law enforcement and, even if the trial court abused its discretion, any error was harmless. Also finds that regarding the jury instructions, Gamble invited the error and, invited error notwithstanding, Gamble has failed to demonstrate fundamental error. Attorneys for appellant: Talisha Griffin, Jan Berg. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Courtney Staton.

Indiana Court of Appeals
Autovest LLC v. John Bach
24A-CC-2070
Civil collections. Reverses Lake Superior Court Magistrate Judge Shaun Olsen’s dismissal of Autovest LLC’s complaint against John Bach on the basis that Autovest failed to follow proper procedure for renewing a prior judgment. Finds the trial court thus erred as a matter of law by dismissing the renewal complaint. Remands with instructions to reinstate Autovest’s renewal complaint. Attorney for appellant: Brad Council. No attorney listed for appellee.

Indiana Court of Appeals 

Robin Marsh v. Nathan Marsh

24A-PL-1216

Civil plenary. Dismisses Robin Marsh’s appeal in a farmland dispute without prejudice. Finds the appellate court lacks subject matter jurisdiction. Attorneys for appellant: Lynne Lawyer and Edward Wolenty. Attorney for appellee: Brianna Schroeder.

Indiana Court of Appeals 

Caryl Rosen v. Community Healthcare System d/b/a Community Hospital 

24A-CT-1463

Civil tort. Affirms Lake Superior Court Judge Rehana Adat-Lopez’s judgment on precluding Caryl Rosen from eliciting testimony about the adequacy of the hospital’s investigation. Finds the trial court did not abuse its discretion when it excluded evidence of the adequacy of the hospital’s post-fall investigation. Reverses the trial court’s judgment on finding the hospital did not engage in spoliation of evidence and refused a spoliation jury instruction. Finds the trial court erred when it ruled that the hospital did not engage in spoliation of evidence based on its failure to preserve all of its video recordings of the main entrance and the hospital’s lobby at the time of Rosen’s fall. Also finds the trial court erred by refusing to give the proffered jury instruction regarding spoliation. Remands for a new trial at which evidence regarding spoliation will be permitted, the jury instruction regarding spoliation will be given and the trial court will determine what additional sanctions, if any, are appropriate due to the hospital’s spoliation of evidence. Attorneys for appellant: Angela Jones and Steve Sersic. Attorneys for appellee: Gregory Crisman and Zachary Peifer.

Indiana Court of Appeals
Dele Omije v. Bethany Whilby-Omije
24A-DR-2217
Domestic relations without children. Affirms Hendricks Superior Court Judge Ryan Tanselle’s order finding Dele Omije in contempt and ordering him to sell a marital asset—a home in California—and equally divide the proceeds from the sale of the home with Bethany Whilby-Omije. Finds that because Omije presented no evidence of the post-dissolution expenses he incurred on the California home, the trial court did not abuse its discretion by failing to credit him for any such expenses. Also finds the trial court did not assign any value to the California home and simply ordered Omije to sell the home and split the proceeds evenly with Whilby-Omije. Attorney for appellant: Julie Camden. No attorney listed for appellee.

Indiana Court of Appeals
Gary D. Bolcerek v. State of Indiana
24A-CR-2232
Criminal. Affirms Gary Bolcerek’s convictions  in Porter Superior Court for Level 2 felony burglary, Level 5 felony criminal recklessness, Level 5 felony battery, Level 5 felony intimidation, Level 6 felony strangulation, and Level 6 felony pointing of a firearm, and also affirm his aggregate 26-year sentence. Reverses Bolcerek’s conviction for Level 6 felony battery. Finds Bolcerek does not present any compelling evidence that portrays the nature of the offenses or his character in a positive light, and the appellate court agrees with the trial court’s assessment of the nature of the offenses and Bolcerek’s character. Also finds that his convictions for Count 3 (Level 5 felony battery) and Count 5 (Level 6 felony battery) violate substantive double jeopardy. Attorney for appellant: James Harper. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Robert Yoke.

Indiana Court of Appeals
Edgar R. Martinez-Orta v. State of Indiana
24A-CR-1456
Criminal. Affirms Edgar Martinez-Orta’s conviction after a Tippecanoe Superior Court bench trial of operating a vehicle with an alcohol concentration equivalent of .15 or more as a Class A misdemeanor and failure to dim headlights as a Class C infraction. Finds the trial court did not abuse its discretion in admitting the blood test results. Also finds the actions of Indiana State Trooper Mitchell McKinney during the traffic stop of Martinez-Orta did not violate the Fourth Amendment, and the state laid a proper foundation for admission of the blood test results. Attorneys for appellant: Bruce Graham, Shay Hughes, Michael Dean, Laura Blaydes. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorneys General Kathy Bradley, Steven Hosler.

Indiana Court of Appeals

Anthony Xavier Carr v. State of Indiana
24A-CR-1599
Criminal. Affirms a Lake County Superior Court’s jury finding Anthony Carr guilty of Brittany Smith’s murder and Judge Salvador Vasquez imposing an aggregate sentence of 68 years in prison. Finds that the trial court did not err in admitting into evidence the detective’s testimony that Carr was the only suspect and the text messages relating to a recent unrelated altercation between Smith and Carr. Also finds here is adequate evidence that Carr murdered Smith. Attorney for appellant: R. Brian Woodward. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Catherine Brizzi.

Indiana Court of Appeals
Norvell Dunem v. State of Indiana
24A-CR-1423
Criminal. Affirms LaPorte Superior Court Judge Jaime Oss’ denial of Norvell Dunem’s motion to suppress all evidence. Finds the police did not violate Dunem’s Fourth Amendment or Article 1, Section 11 rights. Also finds the trial court was right to deny his motion to suppress. Attorney for appellant: Scott King. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorneys General Justin Roebel and Andrew Sweet.