NAJAM , Judge . Statement of the Case Curtis Daugherty appeals his conviction for receiving stolen property, as a Class D felony, following a jury trial. Daugherty raises two issues for our review, which we consolidate and restate as whether the State presented sufficient evidence to support his conviction. 1 We affirm. Facts and Procedural History On August 21, 2013, Robert Trotter, the manager of a Napa Auto Parts store in Anderson, left work at 6:00 p.m. and noticed nothing unusual....
PYLE , Judge . Statement of the Case Appellant/Plaintiff, Daniel Harris (Harris), appeals the trial court's grant of summary judgment in favor of Donald Brewer, Donald Crockett, and Thomas Lamb, Orange County Commissioners, as governing body of the Orange County Highway Department ("Highway Department") (collectively, "Orange County"), on Harris's claims of wrongful termination and defamation. Harris was terminated from his employment with the Highway Department as a result of his alleged...
MATHIAS , Judge . Following a jury trial in Morgan Superior Court, Nathan Polson ("Polson") was convicted of Level 5 felony carrying a handgun without a license. 1 Polson was ordered to serve four years in the Department of Correction. On appeal, Polson argues that the trial court abused its discretion when it admitted a handgun into evidence because he claims the handgun was seized by police in violation of the Fourth Amendment of the United States Constitution. We affirm. Facts and...
PYLE , Judge . Statement of the Case This case is a reminder that failure to make a contemporaneous objection at the time evidence is introduced at trial will result in waiver of the issue on appeal. Indeed, an appellate claim will not be preserved upon an objection discussed or not made immediately prior to or following the admission of evidence. Kyle Dilts ("Dilts") was charged with and convicted of the following two counts of Class A felony child molesting: 1 Count I for engaging in...
DISPOSITION OF CASE BY UNPUBLISHED MEMORANDUM DECISION RILEY , J. Affirmed. NAJAM, J., Concurs. ROBB, J., Concurs.
BAKER , Judge . Carl Summerhill sued Craig Klauer for negligence following a collision between Summerhill's moped and Klauer's motorcycle. Following trial, a jury declined to find Klauer liable. Summerhill now appeals that judgment, arguing that the trial court erred in excluding certain evidence and that he was prejudiced as a result. We agree with Summerhill that the trial court erred in excluding the testimony of an accident reconstructionist that Summerhill sought to call on his behalf....
DISPOSITION OF CASE BY UNPUBLISHED MEMORANDUM DECISION BROWN , J. Affirmed. KIRSCH, J., Concurs. MATHIAS, J., Concurs.
DISPOSITION OF CASE BY UNPUBLISHED MEMORANDUM DECISION ALTICE , J. Affirmed. ROBB, J., Concurs. BARNES, J., Concurs.
MATHIAS , Judge . Appellants-Defendants East Point Business Park, LLC ("East Point"), Fieldview Properties, LLC, ("Fieldview") and Karen Rusin ("Rusin") (collectively "the Defendants") challenge the Lake Superior Court's grant of summary judgment in favor of Appellee-Plaintiff Private Real Estate Holdings, LLC ("PREH"), in PREH's foreclosure action against the Defendants. We affirm. Facts and Procedural History East Point is a limited liability company formed for the purpose of acquiring...
OPINION ON REHEARING RILEY , Judge . In our original opinion, we concluded that based on SCI Propane v. Frederick, 39 N.E.3d 675 (Ind.2015), "Robbins, as the surviving spouse, was not entitled to recover attorneys' fees and prejudgment interest as compensable damages under the GWDS." See Hoker Trucking, LLC v. Robbins, 43 N.E.3d 677 (Ind.Ct.App.2015). Robbins has now filed a petition for rehearing in which she contends that the prejudgment interest was not awarded on the attorneys'...
BAKER , Judge . Dr. John Collip had a contractual relationship with Dena Barger, who is a nurse practitioner and owns her own medical practice. Pursuant to their Collaborative Practice Agreement (CPA), Dr. Collip was to collaborate with Barger and oversee her prescriptive authority. Specifically, he was to review at least 5% of her charts on a weekly basis to evaluate her prescriptive practices. On March 30, 2009, Robert Ratts, one of Barger's patients, died as a partial result of mixed...
NAJAM , Judge . Statement of the Case D.A. appeals the trial court's denial of his request to apply an expungement order to the records of a civil forfeiture proceeding that arose from the same facts underlying his now-expunged convictions. D.A. raises a single issue for our review, which is an issue of first impression: whether our expungement statutes apply to the records of civil forfeiture proceedings. We hold that, on these facts, the trial court erred when it did not apply the...
BROWN , Judge . Steven E. Dotlich appeals the trial court's entry of summary judgment in favor of William Tucker with respect to Dotlich's malpractice claim against Tucker. Dotlich raises five issues which we consolidate and restate as whether the court erred in entering summary judgment in favor of Tucker. We affirm. Facts and Procedural History Dotlich first met with Tucker, an attorney with Tucker Hester, ETC (the "firm") on January 24 or 25, 2011. At the meeting, Dotlich explained...
BROWN , Judge . Shawn Jaco, pro se, appeals from the denial of his motion for modification of sentence. Jaco raises one issue, which we revise and restate as whether the trial court erred in denying his motion. We affirm. Facts and Procedural History In November 2011, a jury found Jaco guilty of aggravated battery as a class B felony and criminal confinement as a class C felony. On December 14, 2011, the trial court sentenced Jaco to fourteen years for his conviction for aggravated...
DISPOSITION OF CASE BY UNPUBLISHED MEMORANDUM DECISION MATHIAS , J. Affirmed BAKER, J., Concurs. BAILEY, J., Concurs.
DISPOSITION OF CASE BY UNPUBLISHED MEMORANDUM DECISION BAKER , J. Affirmed. BRADFORD, J., Concurs. PYLE, J., Concurs.
NAJAM , Judge . Statement of the Case Charles S. Whitham appeals his convictions for attempted murder, a Class A felony (Count I); aggravated battery, a Class B felony (Count II); criminal confinement, as a Class B felony (Count V); two counts of battery, each as a Class C felony (Counts III and IV); and strangulation, a Class D felony (Count VI). Whitham raises three issues for our review, which we consolidate and restate as whether the trial court abused its discretion in the admission...
DISPOSITION OF CASE BY UNPUBLISHED MEMORANDUM DECISION SHEPARD , Sr.J. Affirmed. CRONE, J., Concurs. ALTICE, J., Concurs.
DISPOSITION OF CASE BY UNPUBLISHED MEMORANDUM DECISION ALTICE , J. Affirmed. RILEY, J., Concurs. BROWN, J., Concurs.
NAJAM , Judge . Statement of the Case Derrell Woods appeals the post-conviction court's denial of his amended petition for post-conviction relief. Woods presents a single dispositive issue for our review, namely, whether the post-conviction court erred when it concluded that Woods was not denied the effective assistance of trial counsel. We reverse. Facts and Procedural History We summarized the facts and procedural history of this case in Woods' direct appeal, Woods v. State, No....
