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Friday, January 20, 2017

Ind. Decisions - Court of Appeals issues 3 opinion(s) today (and 4 NFP memorandum decision(s))

For publication opinions today (3):

In Kevin T. Williams v. Unifund CCR, LLC, a 10-page opinion, Judge Riley writes:

Appellant-Defendant, Kevin T. Williams (Williams), appeals the trial court’s judgment in favor of Appellee-Plaintiff, Unifund CCR, LLC (Unifund), on Unifund’s Complaint against Williams for nonpayment of credit card debt. We reverse. * * *

[Issue] Whether the evidence admitted at trial supports Unifund’s claim. * * *

Based on the totality of the evidence before us, Unifund failed to satisfactorily establish that it owns Williams’ account and is entitled to collect the debt associated with it.

Based on the foregoing, we hold that the trial court abused its discretion by entering judgment in favor of Unifund. Reversed.

In Christopher Johnston v. State of Indiana, a 10-page opinion, Judge May writes:
Christopher Johnston appeals the qualification of State’s expert called to discuss forensic analysis of social media records and digital trails, and the admission of that expert’s opinion regarding the statistical probability of multiple Facebook accounts belonging to people other than Johnston. We affirm. * * *

The trial court did not abuse its discretion in qualifying Sergeant Schafer as an expert, and Johnston has not demonstrated fundamental error in the admission of Sergeant Schafer’s Polar Bear Analogy. Accordingly, we affirm Johnston’s convictions.

In Wiley W. Walters, Jr. v. State of Indiana, a 12-page opinion, Judge May writes:
Wiley W. Walters, Jr. appeals his convictions for two counts of Level 1 felony child molest and two counts Level 4 felony child molest. Walters raises two issues, which we restate as:
1. Whether the court abused its discretion in allowing hearsay testimony pursuant to the exception for statements made for medical diagnosis or treatment, and
2. Whether his fifty-year sentence was inappropriate.
We affirm.
NFP civil decisions today (0):

NFP criminal decisions today (4):

Michael Prysock v. State of Indiana (mem. dec.)

Jerry D. Vest v. State of Indiana (mem. dec.)

Anthoni C. Thornburgh v. State of Indiana (mem. dec.)

Geoffrey Quarles v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on January 20, 2017 12:12 PM
Posted to Ind. App.Ct. Decisions