Opinions — Sept. 25, 2019

Indiana Court of Appeals
Kurt McElroy v. State of Indiana
Criminal. Affirms the Marion Superior Court’s denial of Kurt McElroy’s motion to suppress the evidence of marijuana and a handgun found during a search of his home. Finds McElroy’s Fourth Amendment rights were not violated by the officers’ search of the common areas of the residence, specifically the kitchen, and the subsequent seizure of the handgun. Likewise, finds the officers did not violate his state constitutional rights.

Bill Brian Tomlinson v. State of Indiana (mem. dec.)
Criminal. Affirms Bill Tomlinson’s conviction of Level 6 felony operating a motor vehicle while privileges were suspended. Finds sufficient evidence to support the conviction in St. Joseph Superior Court.

Gregory Rietdorf and Brenda Rietdorf v. Michelle Rietdorf (mem. dec.)
Miscellaneous. Affirms the Allen Superior Court’s grandparent visitation order with respect to visitation for Gregory and Brenda Rietdorf. Finds the trial court’s order granting grandparents visitation with T.R. under certain conditions was not clearly erroneous. Reverses the award of attorney fees to mother Michelle Rietdorf, finding no statutory authority for the award. On mother’s cross appeal, finds appellate damages are appropriate and remands to the trial court for a determination of the amount of appellate damages to which Mother is entitled.

Amanda Schmidtz v. State of Indiana (mem. dec.)
Criminal. Affirms Amanda Schmidtz’s 27-year sentence for conviction of Level 4 felony dealing in a schedule II controlled substance and a habitual offender finding. Finds there is sufficient evidence to support the Sullivan Superior Court’s conviction. Also finds the trial court did not abuse its discretion in sentencing her and finds Schmidtz’s sentence is not inappropriate.

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