OPINION VAIDIK, Judge. Case Summary Christopher Jewell appeals his convictions and aggregate forty-year term for six counts of sexual misconduct and child molesting. Jewell was arrested and charged for another alleged offense not at issue here. He posted bond and secured counsel. While that charge was pending, law enforcement enlisted the victim in this case to call Jewell and elicit incriminating statements relating to his sexual misconduct. The calls were recorded. Jewell was charged...
OPINION ON REHEARING CRONE, Judge. Richmond State Hospital and all other similarly situated State Institutions and Agencies (collectively referred to as "the State") and Jennie Veregge (who replaced Paula Brattain), Francis Ernst, Rebecca Strong, and Terry Sutcliffe (collectively "the Employees") petition for rehearing in Richmond State Hospital v. Brattain, 935 N.E.2d 212 (Ind.Ct.App.2010). We deny the State's petition and grant the Employees' petition to clarify our instructions on...
OPINION RILEY, Judge. STATEMENT OF THE CASE Appellant-Petitioner, Dwayne Rhoiney (Rhoiney), appeals the post-conviction court's denial of his petition for post-conviction relief. We reverse and remand for resentencing. ISSUE Rhoiney raises two issues on appeal, which we consolidate and restate as the following issue: Whether Rhoiney's appellate counsel was ineffective when she failed to raise the imposition of consecutive sentences as an issue in his direct appeal. FACTS AND PROCEDURAL...
OPINION VAIDIK, Judge. Case Summary The juvenile court entered dispositional orders under two different cause numbers placing fifteen-year-old K.A. on probation. When K.A. allegedly violated his probation, the juvenile court held a hearing and modified its dispositional orders. K.A. now appeals the modification of his disposition. He contends that the juvenile court violated his due process rights by modifying his disposition after a hearing at which the State presented no evidence of the...
OPINION BROWN, Judge. Roscoe C. Fry II, pro se, appeals the trial court's denial of his motion to correct erroneous sentence. Fry raises two issues, which we revise and restate as whether the court erred in denying Fry's motion. The State raises the issue of whether Fry's appeal is moot. We reverse and remand. The relevant facts follow. On July 16, 2002, the State charged Fry with battery. On August 5, 2004, Fry pled guilty to battery as a class B misdemeanor, and the court imposed a...
OPINION MATHIAS, Judge. Anthony Mark Sewell ("Sewell") was convicted in Shelby Superior Court of Class A misdemeanor battery and Class B misdemeanor criminal mischief. Sewell appeals and argues that the State failed to present sufficient evidence to support his convictions. The State cross-appeals and argues that this appeal should be dismissed because Sewell's notice of appeal was untimely filed. Concluding that this court lacks subject matter jurisdiction due to Sewell's failure to timely...
OPINION NAJAM, Judge. STATEMENT OF THE CASE Jeffrey Gavin appeals the trial court's grant of summary judgment in favor of Calcars AB, Inc. and Astra Financial Services, Inc. (collectively "Calcars") on Gavin's complaint seeking damages under the Wage Payment Statute. The parties dispute whether the Wage Payment Statute or the Wage Claims Statute applies to this wage dispute. Gavin presents a single dispositive issue for our review, namely, whether the trial court erred when it concluded that...
OPINION VAIDIK, Judge. Case Summary The State charged Richard Laker with various counts of operating a motor vehicle while privileges are suspended and operating while intoxicated. The State's charges were premised on Laker's alleged operation of a farm tractor. The trial court dismissed all counts, finding that the operation of a farm tractor could not serve as the basis for any of the alleged offenses. We conclude that the operation of a farm tractor cannot sustain charges of operating...
OPINION NAJAM, Judge. STATEMENT OF THE CASE Pursuant to Indiana Code Section 35-38-4-2(5), the State appeals the trial court's order granting Robert J. Seidl's motion to suppress the State's evidence against him. The State raises a single issue for our review, namely, whether the trial court erred when it granted Seidl's motion to suppress. We reverse and remand for further proceedings. FACTS AND PROCEDURAL HISTORY Sometime before November 14, 2009, Dubois County Deputy Sheriff John Thomas...
OPINION ROBB, Judge. Case Summary and Issue Brian Woods appeals the trial court's determination that he is an habitual offender. For our review, Woods raises the sole issue of whether the State presented sufficient evidence to prove beyond a reasonable doubt that he is an habitual offender. Concluding there was sufficient evidence to find Woods is an habitual offender, we affirm. Facts and Procedural History On June 16, 2009, Woods began serving a one-year sentence on home detention. On...
OPINION ROBB, Judge. Case Summary and Issue Following a jury trial, Richard Childress, Jr., appeals his convictions of robbery and criminal confinement, both Class B felonies. On appeal he raises the sole issue of whether the trial court erred in admitting evidence the State did not disclose until the second day of trial. Concluding the State's late disclosure did not impair Childress's right to a fair trial, we affirm. Facts and Procedural History In September 2008, Childress and...
OPINION NAJAM, Judge. STATEMENT OF THE CASE Warren L. Williams and Robert Frankel are former employees of the Indiana State Teacher's Association ("ISTA"). As employees of the ISTA, they also acted as fiduciaries with the ISTA Insurance Trust ("the Trust"), an entity legally separate and distinct from the ISTA. Their employment agreements with the ISTA contained arbitration clauses. In July of 2009, the Trust, by its trustees ("the Trustees"), filed suit against Williams and Frankel. In turn,...
OPINION FRIEDLANDER, Judge. J.F. (Mother), on behalf of her minor children, M.F. and C.F., appeals the denial of a petition to establish paternity of M.F. and C.F. in W.M. (Father). Mother presents the following restated issues for review: 1. Did the trial court err in denying Mother's petition to establish paternity 2. Did the trial court err in indicating it would consider awarding costs and attorney fees against the State We affirm in part, reverse in part, and remand. The relevant...
OPINION MAY, Judge. Victor Jones appeals his convictions of and sentences for resisting law enforcement and criminal recklessness. We consolidate and restate his issues as follows: 1. Was the evidence sufficient to convict Jones of Class D felony resisting law enforcement 1 2. Do Jones' convictions subject him to double jeopardy 3. Did the trial court err in ordering Jones to pay a jury fee of $1,322.60, a pauper counsel fee of $4,527, and a docket fee of $164 We affirm in part,...
OPINION NAJAM, Judge. STATEMENT OF THE CASE Glendal Rhoton appeals his convictions for murder and burglary, as a Class C felony, and the sentences imposed following a jury trial. Rhoton presents three issues for review: 1. Whether the trial court abused its discretion when it instructed the jury on burglary. 2. Whether the evidence is sufficient to support Rhoton's conviction for murder. 3. Whether Rhoton's sentence is inappropriate in light of the nature of the offenses and his character....
OPINION BROWN, Judge. Mark Eiler appeals his sentence for dealing cocaine as a class A felony. 1 Eiler raises one issue, which we revise and restate as: I. Whether the trial court abused its discretion in sentencing Eiler; and II. Whether Eiler's sentence is inappropriate in light of the nature of the offense and the character of the offender. We reverse and remand. The relevant facts follow. 2 Eiler owned a barn on his property in Shelby County that he used for recreation purposes...
OPINION NAJAM, Judge. STATEMENT OF THE CASE Robert Neises Construction Corporation ("Neises") appeals the trial court's grant of summary judgment in favor of Kentland Bank ("Kentland") in this foreclosure action. Neises presents the following issues for our review: 1. Whether the trial court erred when it concluded that Kentland's expenditures to protect the subject real estate from damage pending the foreclosure ("preservation expenses") should take priority over Neises' and others'...
OPINION BOEHM, Senior Judge. Ligonier police officer Josh Halsey pulled Oscar I. Belmares-Bautista over for playing loud music on his car stereo. Halsey asked Belmares-Bautista for his driver's license, and Belmares-Bautista produced what appeared to be a driver's license from the state of Aguascalientes, Mexico. Halsey identified the document as a forgery and arrested Belmares-Bautista. Belmares-Bautista represented himself in a bench trial and was convicted of possession of a counterfeit...
OPINION DARDEN, Judge. STATEMENT OF THE CASE Tracey L. Beswick ("Beswick") and his wife, Ruthie Beswick, (collectively, "the Beswicks") appeal the trial court's order granting summary judgment in favor of Floyd Memorial Hospital and Health Services ("Floyd Memorial") in the medical malpractice action that they brought against Edward E. Bell, M.D. and Floyd Memorial. We affirm. ISSUES 1. Whether the trial court erred by striking the affidavit of Michael Roback, M.D., submitted by the...
DISSENT TO ORDER DENYING PETITION FOR REHEARING ROBB, Judge. In Indiana Dep't of Ins. v. Everhart, 932 N.E.2d 684 (Ind.Ct.App.2010), we addressed the issue of whether the Indiana Patient's Compensation Fund (the "Fund") was liable for the full amount of excess damages when in the absence of a doctor's negligence, the decedent would have had a "better than 80% chance" of surviving injuries incurred in an automobile accident. The trial court awarded to the Estate of James Everhart the...
