NOT FOR PUBLICATION MEMORANDUM DECISION MATHIAS, Judge. Job Steele Corporation and Lisco Incorporated (collectively "Job Steele") appeal the Porter Superior Court's order affirming the Town of Burns Harbor's Plan Commission and Board of Zoning Appeals' (collectively "the BZA") denial of its application for a special exception to operate a truck terminal on its property, which is located in a commercial zoning district. Job Steele argues that the BZA's denial of its application for a special...
NOT FOR PUBLICATION MEMORANDUM DECISION MATHIAS, Judge. Roy L. Harris ("Roy") and Anita K. Harris ("Anita") (collectively "the Harrises") brought a claim for medical malpractice against Dr. Francis McDonnell ("Dr. McDonnell"), Dr. Peter Stevenson ("Dr. Stevenson"), and Deaconess Hospital ("Deaconess"). Stacy Wissel ("Wissel"), 1 the trustee of the bankruptcy estate of the Harrises, was subsequently substituted as the named plaintiff for purposes of pursuing the claims against the defendants....
NOT FOR PUBLICATION MEMORANDUM DECISION MATHIAS, Judge. Roy Bessler ("Bessler") was convicted after a jury trial in Dearborn Superior Court of two counts of Class B felony dealing in cocaine and two counts of Class A felony dealing in cocaine. Bessler was sentenced to concurrent sentences for the four counts with an executed sentence of thirty years in the Indiana Department of Correction. Bessler appeals and argues that the trial court improperly admitted evidence of his subsequent bad acts...
NOT FOR PUBLICATION MEMORANDUM DECISION ON REHEARING FRIEDLANDER, Judge. In his petition for rehearing, Bryant seeks reconsideration of his argument that his attorneys were ineffective due to their failure to object to testimony about the conversation he had with his mother during their meaningful consultation at the police station. We grant Bryant's petition for the limited purpose of clarifying our opinion. Two officers eavesdropped on Bryant's meaningful consultation with his mother at...
NOT FOR PUBLICATION MEMORANDUM DECISION FRIEDLANDER, Judge. Micha Seymour appeals his conviction for Attempted Murder 1 and his adjudication as a Habitual Offender. 2 Seymour presents the following restated issues for review: 1. Did the admission of the victim's medical records constitute fundamental error 2. Did the State present insufficient evidence to support Seymour's habitual offender adjudication We affirm in part, reverse in part, and remand with instructions. On September 24,...
NOT FOR PUBLICATION MEMORANDUM DECISION KIRSCH, Judge. M.D. ("Mother") appeals the involuntary termination of her parental rights to her child, A.D. Mother challenges the sufficiency of the evidence supporting the trial court's judgment. We affirm. FACTS AND PROCEDURAL HISTORY Mother is the biological mother of A.D., born in October 2005. 1 The facts most favorable to the trial court's judgment reveal that in May 2009 the local St. Joseph County office of the Indiana Department of Child...
NOT FOR PUBLICATION MEMORANDUM DECISION CRONE, Judge. Case Summary Orval Snyder and his wife Nilah signed reciprocal wills that left the residuary estate of the first spouse to die to the surviving spouse, with the surviving spouse's residuary estate to be distributed equally among their seven children from prior marriages. Orval died first, and his residuary estate was distributed to Nilah. After Orval's death, Nilah transferred assets to a trust for which she had named her three children...
NOT FOR PUBLICATION MEMORANDUM DECISION MAY, Judge. Bradley Taylor challenges the sufficiency of the evidence to support his conviction of Class C felony child molestation. 1 He asserts the victim's testimony was incredibly dubious. He also argues a condition of his probation is impermissibly vague. We affirm. FACTS AND PROCEDURAL HISTORY S.M.B. was born on March 20, 2005. After her birth, her mother, Heather, married Taylor. On May 2, 2011, S.M.B.'s grandmother took her to a doctor...
NOT FOR PUBLICATION MEMORANDUM DECISION CRONE, Judge. Case Summary Ronald Rostochak had an ongoing sexual relationship with his live-in girlfriend's daughter that began when the daughter was twelve years old and continued until she was fourteen years old. A jury convicted Rostochak of one count of class A felony child molesting. The trial court then sentenced Rostochak to the advisory sentence of thirty years, with five years suspended to probation. On appeal, Rostochak claims: (1) certain...
NOT FOR PUBLICATION MEMORANDUM DECISION MAY, Judge. T.S. was alleged to be a juvenile delinquent for committing acts that, if committed by an adult, would be Class B felony confinement; 1 Class C felony battery with a deadly weapon; 2 Class A misdemeanor carrying a handgun without a license; 3 and Class A misdemeanor dangerous possession of a firearm. 4 T.S. admitted committing Class C felony battery with a deadly weapon, and the State dismissed the other allegations. After a...
NOT FOR PUBLICATION MEMORANDUM DECISION BROWN, Judge. Damon Gee appeals his convictions for possession of a stolen vehicle as a class D felony and possession of a firearm by a serious violent felon as a class B felony and his adjudication as an habitual offender. Gee raises three issues which we revise and restate as: I. Whether the evidence was sufficient to sustain his conviction for possession of a stolen vehicle; II. Whether the court abused its discretion in admitting a statement by...
NOT FOR PUBLICATION MEMORANDUM DECISION CRONE, Judge. Case Summary A jury convicted Dandre Matlock of dealing in cocaine, possession of cocaine and marijuana, maintaining a common nuisance, and two counts of neglect of a dependent. On appeal, Matlock argues that the trial court erred in admitting evidence relating to the search of his home, which was conducted pursuant to a warrant. Because Matlock never challenged the validity of the warrant at trial, we conclude that he has waived his...
NOT FOR PUBLICATION MEMORANDUM DECISION MAY, Judge. Townsend Porter, Jr. 1 appeals the trial court's denial of his exemption from proceedings supplemental filed by 1st Source in an effort to collect a debt owed by Porter. We affirm. FACTS AND PROCEDURAL HISTORY On November 21, 2011, the trial court granted summary judgment in favor of 1st Source and entered judgment jointly and severally against Porter, the Townsend Porter, Jr. Revocable Trust, and Brian H. Merritt for $5,319,544.90,...
NOT FOR PUBLICATION MEMORANDUM DECISION BAILEY, Judge. Case Summary Following the denial of his motion to correct error, Shawn D. Jaco ("Jaco") challenges his convictions for Aggravated Battery, a Class B felony, 1 and Criminal Confinement, as a Class C felony. 2 We affirm. Issues Jaco presents four issues for review: I. Whether he was entitled to a mistrial after a police officer testified that she had believed the victim when taking her crime report; II. Whether fundamental error...
NOT FOR PUBLICATION MEMORANDUM DECISION SHARPNACK, Senior Judge. STATEMENT OF THE CASE Jason Castillo appeals his convictions and aggregate six-year sentence for Class C felony operating a motor vehicle after driving privileges are forfeited for life, Ind. Code 9-30-10-17 (1993), and Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of at least 0.15, Ind. Code 9-30-5-1(b) (2001). We affirm. ISSUES Castillo raises two issues, which we restate as: I....
NOT FOR PUBLICATION MEMORANDUM DECISION BROWN, Judge. Joseph Laich, III, appeals his sentence for aggravated battery as a class B felony. Laich raises two issues which we revise and restate as: I. Whether the trial court abused its discretion in sentencing Laich; and II. Whether Laich's sentence is inappropriate in light of the nature of the offense and the character of the offender. We affirm. The relevant facts from the stipulated factual basis follow. On or about January 19, 2011,...
NOT FOR PUBLICATION MEMORANDUM DECISION CRONE, Judge. Case Summary Roy G. Lewis appeals the revocation of his probation and the execution of his suspended sentence. Finding no error, we affirm. Facts and Procedural History On December 27, 2007, Lewis pled guilty to class D felony operating a vehicle while intoxicated. Pursuant to the plea agreement, the trial court sentenced Lewis to two years, with one year suspended to probation. The conditions of probation required that Lewis obey all...
NOT FOR PUBLICATION MEMORANDUM DECISION MAY, Judge. Albert Jackson Counce agreed to plead guilty to Class B felony robbery resulting in injury 1 in exchange for the State's dismissal of a count of Class D felony theft 2 and an allegation that he was an habitual offender. 3 The agreement left sentencing to the trial court's discretion, and the court sentenced Counce to twenty years, which is the maximum sentence for a Class B felony. 4 Counce appeals his sentence, arguing it is...
NOT FOR PUBLICATION MEMORANDUM DECISION BAILEY, Judge. Case Summary George R. Clark ("Clark") appeals his conviction for Resisting Law Enforcement, as a Class A misdemeanor. 1 We affirm. Issues Clark presents two issues for review: I. Whether there is sufficient evidence to sustain his conviction; and II. Whether the jury was properly instructed on the charged offense as a misdemeanor as well as a felony. Facts and Procedural History Around 1:00 a.m. on December 27, 2009, French Lick...
NOT FOR PUBLICATION MEMORANDUM DECISION DARDEN, Senior Judge. STATEMENT OF THE CASE Joseph Ward appeals his aggregate sentence of thirty-four years for Class A felony child molesting and Class C felony child exploitation. We affirm. ISSUE Ward raises one issue for our review: whether his sentence is inappropriate. FACTS AND PROCEDURAL HISTORY Ward lived in Wayne County with his girlfriend Melissa Dixon and her two children for six years. In March 2011, Dixon was looking through Ward's...
