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Billy Brantley v. State of Indiana
18S-CR-98
Criminal. Grants transfer and affirms Billy Brantley’s conviction of voluntary manslaughter. Finds there was evidence Brantley acted in either sudden heat or self-defense.
Shelly M. Phipps v. State of Indiana
28S05-1707-CR-499
Criminal. Affirms Shelly M. Phipps’ conviction of Level 6 felony invasion of privacy and her sentence to 2 ½ years, with one year in work release and 1 ½ years suspended to probation. Finds the evidence was sufficient to affirm Phipps’ conviction. Also finds the trial court did not abuse its discretion by considering Phipps’ criminal history as an aggravating circumstance. Finally, finds Phipps’ sentence is not inappropriate.
Indiana Court of Appeals
Robert Louis Joyce, Jr. v. State of Indiana (mem. dec.)
82A05-1706-CR-1348
Criminal. Affirms Robert Joyce, Jr.’s conviction for Level 6 felony battery by bodily waste. Finds the prosecutor’s indirect reference to Joyce’s failure to testify was not fundamentally erroneous.
Mark Buggs v. State of Indiana (mem. dec.)
49A02-1710-CR-2215
Criminal. Reverses the denial of Mark Buggs’ good time credit for 60 days he served in a work release program. Finds community corrections lacked the authority to deprive him of good time credit. Remands to the Marion Superior Court with instructions to reinstate 60 days of good time credit and to recalculate Buggs’ credit time.
In re the Termination of the Parent-Child Relationship of: C.M. and R.M. (Minor Children), and R.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
79A02-1708-JT-2024
Juvenile termination of parental rights. Affirms the termination of R.M.’s parental rights to his children, C.M. and R.M. Finds the evidence is sufficient to support the termination of R.M.’s parental rights to his children. Also finds the Tippecanoe Superior Court did not abuse its discretion by denying S.M., the mother’s, motion to continue. Finally, finds R.M. has waived his argument that the Department of Child Services’ filing of the petition to terminate his parental rights was premature.
Kristy L. Bowling v. State of Indiana (mem. dec.)
35A02-1709-CR-2134
Criminal. Affirms Kristy L. Bowling’s sentence to an aggregate of 26 years for his convictions of Level 4 felony dealing in a narcotic drug, Level 5 felony dealing in a narcotic drug, Level 6 felony possession of a hypodermic syringe and being a habitual offender. Finds Bowling has not proven her sentence is inappropriate. Remands for the Huntington Superior Court to correct the record to reflect Bowling’s 14-year habitual offender enhancement is not a separate, consecutive sentence, but is attached to her 10-year sentence for her Level 4 felony conviction.
Ryan Patrick Rucker v. State of Indiana (mem. dec.)
35A02-1610-PC-2461
Post-conviction. Affirms the denial of Ryan Rucker’s post-conviction relief petition. Finds the post-conviction court did not err by refusing to issue subpoenas or admit certain evidence. Also finds the post-conviction court did not err by finding Rucker did not receive ineffective assistance of counsel.
In the Termination of the Parent-Child Relastionship of: M.B.-L. and R.B. (Minor Children) and, J.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A01-1707-JT-1577
Juvenile termination of parental rights. Affirms the termination of J.B.’s parental relationship with her children, M.B. and R.B. Finds there is sufficient evidence to sustain the termination of J.B.’s parental relationship with the children.
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