Opinions Feb. 6, 2020

Indiana Court of Appeals
Richard R. Shore v. State of Indiana (mem. dec.)
19A-CR-1463
Criminal. Affirms Richard Shore’s conviction of Class A misdemeanor intimidation. Finds sufficient evidence to support the conviction and to establish that proper venue was in Warren County.

L.F. v. State of Indiana (mem. dec.)
19A-JV-1926
Juvenile. Affirms L.F.’s adjudication in Marion Superior Court as a delinquent for committing Class A misdemeanor dangerous possession of a firearm and for an act that, if committed by an adult, would be Class C misdemeanor operating a vehicle without ever receiving a license. Concludes L.F. may be adjudicated a delinquent for committing the Class A misdemeanor even though that crime cannot be committed by an adult, as technically is required for a delinquent act under the juvenile adjudication statute. Also finds sufficient evidence to support the adjudication.

Michael Klement v. State of Indiana (mem. dec.)
18A-CR-3155
Criminal. Affirms Michael Klement’s conviction of Level 4 felony burglary of a dwelling. Finds that because Klement agreed a jury instruction defining “dwelling” was unnecessary, he cannot allege error in the LaPorte Circuit Court’s failure to include such an instruction. Finds the trial court did not err when it denied Klement’s motion for mistrial.

Andrew Lee Kimmons v. State of Indiana (mem. dec.)
19A-CR-1887
Criminal. Reverses the Marion Superior Court’s restitution order, requiring Andrew Kimmons to pay $5,000 after Kimmons’ guilty plea pursuant to a plea agreement. Finds the trial court did not have authority to enter the restitution order and remands with instructions to vacate the restitution order only.

K.M. v. State of Indiana (mem. dec.)
19A-JV-1340
Juvenile. Affirms the St. Joseph Probate Court’s placement of K.M. in the Indiana Department of Correction following multiple unsuccessful less-restrictive placements. Finds the structured environment of the DOC is warranted and that K.M. failed to establish that the juvenile court abused its discretion.

$17,084.00 in United States Currency and Edward Weaver v. State of Indiana (mem. dec.)
19A-MI-1710
Miscellaneous. Affirms the Marion Superior Court’s denial of Edward Weaver’s motion for summary judgment and its grant of the state’s forfeiture request to seize roughly $17,000 cash found after Weaver’s vehicle was stopped. Finds the trial court did not err in denying Weaver’s motion. Finds sufficient evidence to establish a nexus between the money and the underlying offense of dealing a substance represented to be a controlled substance.

David C. Rojas v. State of Indiana (mem. dec.)
19A-CR-1184
Criminal. Affirms David Rojas’ murder conviction. Finds the Marion Superior Court did not commit fundamental error during the state’s closing argument. Finds the trial court did not demonstrate bias when it instructed the jury.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.E. (Minor Child) and B.E. (Mother); B.E. (Mother) v. Indiana Department of Child Services, et al. (mem. dec.)
19A-JT-1690
Juvenile termination. Affirms the termination of B.E.’s parental rights to her minor child, J.E. Finds the Department of Child Services presented clear and convincing evidence to support the conclusion that termination of parental rights was in the child’s best interests.

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