Opinions July 20, 2022

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Court of Appeals of Indiana
James E. Manley v. Eric Lowe, et al. (mem. dec.)
Civil plenary. Affirms the dismissal of inmate James E. Manley’s “Civil Action for Mandate.” Finds the Henry Circuit Court did not err when it dismissed the portions of Manley’s request for mandate concerning statutory violations that allegedly occurred as part of the prison disciplinary process pursuant to Indiana Trial Rule 12(B)(1) because it did not have subject matter jurisdiction to review Manley’s challenge to prison disciplinary decisions. Also finds the trial court did not err when it dismissed Manley’s constitutional claim under Article 1, Section 2 of the Indiana Constitution pursuant to Indiana Trial Rule 12(B)(6) because Manley did not sufficiently allege what actions or inactions the defendants allegedly took that resulted in an alleged violation of his constitutional right to free exercise of religion. 

P.B. v. M.J. and T.J. (mem. dec.)
Adoption. Affirms the Tipton Circuit Court’s grant of alleged father P.B.’s motion to intervene but the denial of the motion to set aside the decree of the adoption of child M by M.J. and T.J. Finds the trial court did not abuse its discretion in denying P.B.’s motion to set aside the adoption decree.

Dalvinder Singh v. State of Indiana (mem. dec.)
Post-conviction. Affirms the Marion Superior Court’s denial of Dalvinder Singh’s petition for post-conviction relief. Finds Singh was not denied his Sixth Amendment right to effective assistance. Also finds the trial court properly relied on testimony from Singh’s counsel revealing an adequate advisement and voluntary waiver.

Dayana Sarahid Medina-Flores v. State of Indiana (mem. dec.)
Criminal. Affirms Dayana Sarahid Medina-Flores’ 65-year sentence for murder. Finds Medina-Flores has not sustained her burden of establishing that her sentence is inappropriate in light of the nature of the offense and her character.

Jessie Cherry v. State of Indiana (mem. dec.)
Criminal. Affirms Jessie Cherry’s conviction of Level 3 felony aggravated battery. Finds the state presented sufficient evidence to rebut Cherry’s self-defense claim.

Keith A. Bryson v. State of Indiana (mem. dec.)
Criminal. Affirms Keith Bryson’s one-year sentence for Class A misdemeanor operating while intoxicated and endangering a person, and the revocation of his probation under a separate cause number for violating its terms. Finds the sentence was not inappropriate based on the nature of the offense and Bryson’s character. Also finds Bryson has not demonstrated that the Dearborn Superior Court abused its discretion when it revoked his probation.

Robert Carl Johnson v. Corrections Officer Schell and Corrections Officer Captain Blattner (mem. dec.)
Civil plenary. Affirms the grant of summary judgment to corrections officer Schell and corrections officer Cpt. Blattner in a dispute with inmate Robert Carl Johnson, and the Madison Circuit Court’s dismissal of all claims against Blattner following his death. Finds Johnson waived all his arguments due to his failure to provide cogent argument or all documents required to review his alleged issue on appeal.

H.I. v. B.K. (mem. dec.)
Adoption. Reverses the Clark Circuit Court’s denial of biological father H.I.’s motion to intervene in the adoption of his child by adoptive stepfather B.K. Finds the trial court erred in summarily denying the motion to intervene. Remands to the trial court to grant the motion and permits H.I. to file a Trial Rule 60 motion from relief form judgment.

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