Opinions Jan. 15, 2019

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Indiana Court of Appeals
Randall Brown v. State of Indiana

18A-CR-1
Criminal. Affirms on interlocutory appeal the Brown Circuit Court’s denial of a motion to suppress evidence retrieved from a locked safe after defendant Randall Brown provided the combination to officers executing a search warrant. Finds officers’ failure to provide Brown a Pirtle warning before he provided the combination to a safe in his home is irrelevant. Remands for proceedings in Brown’s case, in which he is charged with Level 2 felony dealing in methamphetamine, Level 6 felony possession of methamphetamine and Level 6 felony maintaining a common nuisance.

Arnold Tuell v. State of Indiana
18A-CR-1186
Criminal. Affirms the denial of Arnold Tuell’s motion to dismiss the habitual offender enhancement in a case in which he is charged with Level 5 felony operating a motor vehicle after forfeiture of license for life. Finds the Orange Circuit Court did not abuse its discretion in denying Tuell’s motion to dismiss the habitual offender count.

Benjamin Darrell Keen v. State of Indiana (mem. dec.)
18A-PC-1104
Civil plenary. Affirms Benjamin Keen’s conviction of Class B felony dealing methamphetamine and admission to being a habitual substance offender. Finds the Huntington Superior Court’s denial of Keen’s request for post-conviction relief is not clearly erroneous.

Michael Grubbs v. State of Indiana (mem. dec.)
18A-CR-2062
Criminal. Dismisses Michael Grubbs’ challenge of an order that he serve 90 days of his previously suspended sentence. Finds Grubbs’ appeal moot.

Kristie Abner v. State of Indiana (mem. dec.)
18A-CR-200
Criminal. Affirms the Ripley Superior Court’s order that Kristie Abner serve the remainder of her previously revoked 531-day sentence in jail. Finds the trial court did not abuse its discretion.
 
In the Matter of the Termination of the Parent-Child Relationship of: E.C. (Minor Child) and A.C. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2166
Juvenile termination. Affirms the termination of E.C.’s parental rights to A.C. Finds the termination is in A.C.’s best interest.

James Hendricks v. State of Indiana (mem. dec.)
18A-CR-1036
Criminal. Affirms James Hendricks’ 25-year sentence for Level 2 felony dealing in a narcotic drug and Class A misdemeanor resisting law enforcement. Finds the Marion Superior Court did not commit reversible error by convicting Hendricks of dealing a narcotic drug when there was a challenge to the evidence supporting the element of possession. Finds his sentence was not inappropriate in light of the nature of the offense and his character.

E.J. v. State of Indiana (mem. dec.)
18A-JV-1204
Juvenile. Affirms E.J.’s placement in the Indiana Department of Corrections after the modification of his disposition after he admitted to Level 3 felony robbery while armed with a deadly weapon if committed by an adult. Finds the Marion Superior Court did not abuse its discretion in ordering his placement with the IDOC.

Donald J. Howard v. State of Indiana (mem. dec.)
18A-CR-1736
Criminal. Affirms Donald Howard’s nine-year sentence for conviction of Level 3 felony battery resulting in serious bodily injury. Finds Howard’s sentence is not inappropriate in light of the nature of the offense and his character.

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