Opinions June 30, 2016

June 30, 2016

Indiana Court of Appeals
Keyaunna Hurley v. State of Indiana
Criminal. Rules Keyaunna Hurley’s inability to give a sufficient sample on a chemical breath test after she was suspected of driving under the influence was a refusal to take the test under section 2-4-2(b)(5) of Title 260 of the Indiana Administrative Code and the evidence was sufficient to sustain the refusal determination.

Charles Robinson v. State of Indiana
Criminal. Reverses Charles Robinson’s conviction of Level 5 felony corrupt business influence, ruling that Robinson’s two shoplifting charges do not rise to the level of a Racketeer Influenced and Corrupt Organizations Act conviction. Remands to trial court to sentence Robinson on two counts of Level 6 felony theft instead. Judge Robert Altice dissents in the case, noting the plain language in the RICO statute supports Robinson’s conviction.  

State of Indiana v. Megan J. Cassady
Criminal. Reverses Megan Cassady’s motion to suppress evidence found at a traffic stop with a dog sniff, finding the sniff did not unreasonably extend Cassady’s stop. Remands to the trial court for further proceedings. Judge Melissa May dissents as she believes the sniff did extend the stop.

Eduardo Cruz-Salazar v. State of Indiana
Criminal. Affirms Eduardo Cruz-Salazar’s conviction of possession of cocaine as a Class A misdemeanor after the COA ruled cocaine found during Cruz-Salazar’s arrest for public intoxication was admissible evidence. The search the officer conducted did not violate Cruz-Salazar’s Fourth Amendment rights.

In the Matter of the Paternity of: L.M.E. Gregory A. Edwards v. Toni Kelly (mem. dec.)
Juvenile. Affirms trial court decision deferring consideration of custody and directing father to file a petition for modification.

Christopher Beckman v. State of Indiana (mem. dec.)
Criminal. Affirms conviction and sentence for Level 3 felony aggravated battery.

Pinnacle Properties Development Group, LLC v. Raul Sanchez (mem. dec.)
Small claim. Dismisses Pinnacle Properties’ appeal of the small claims court’s judgment denying its claim for unpaid rent and eviction against Sanchez.

Don Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Don Johnson’s motion to sever.

Donald Richardson v. State of Indiana (mem. dec.)
Criminal. Affirms Donald Richardson’s convictions and sentence for two counts of Class A felony sexual misconduct with a minor, and one count each of Class B felony sexual misconduct with a minor and criminal confinement.
Jerry L. Ward v. State of Indiana (mem. dec.)
Criminal. Affirms Jerry Ward’s sentence for Level 5 felony battery.

ArcelorMittal USA, LLC Pension Plan v. Jackie L. Hickey (mem. dec.)
Domestic relation. Reverses denial of the pension plan’s motion to intervene in a dissolution action between Jackie and Michael Hickey. Remands with instructions that the trial court address the plan’s motion to set aside on its merits.

James F. Gibbons, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms James Gibbons’ conviction for Level 6 felony escape.

In the Termination of the Parent-Child Relationship of J.S., Minor Child, M.S. v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of father’s parental rights.

Charles R. Ellis v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Ellis’ convictions of Level 2 felony dealing in a narcotic drug, Level 4 felony dealing in methamphetamine, Level 5 felony neglect of a dependent, and Level 6 felonies possession of methamphetamine and maintaining a common nuisance.

Artie Thomas v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Artie Thomas’ motion to correct erroneous sentence.

Russell E. Shreve v. State of Indiana (mem. dec.)
Criminal. Affirms Russell Shreve’s convictions of Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.

Terry Fennessee v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Terry Fennessee’s petition for post-conviction relief.

Samantha Cooper v. State of Indiana (mem. dec.)
Criminal. Affirms Samantha Cooper’s sentence following guilty plea to two counts of Class B felony aiding, inducing or causing robbery.

Roger Lopez-Rivera v. State of Indiana (mem. dec.)
Criminal. Affirms Roger Lopez-Rivera’s sentence for Class B felony aggravated battery. Remands for an amended abstract of judgment and sentencing order consistent with this opinion.

Tricia Wallerstedt v. Christopher Wallerstedt (mem. dec.)
Domestic relation. Affirms modification of custody but reverses modification of child support order. Remands for further proceedings.

Adrian P. Crisostomo v. State of Indiana (mem. dec.)
Criminal. Affirms Adrian Crisostomo’s conviction of Level 6 felony failure to register as a sex or violent offender.

In re the Termination of the Parent-Child Relationship of M.W. and L.W., minor children, and their Mother, W.W. v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of mother’s parental rights.

Christopher J. Moberg v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Moberg’s placement in the Department of Correction following his guilty plea to Level 5 felony operating a motor vehicle after forfeiture of license for life.

Jeffery A. Sarver v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Jeffery Sarver’s probation.

Jerome D. Seward v. State of Indiana (mem. dec.)
Criminal. Affirms Jerome Seward’s convictions of Level 1 felony rape, Level 3 felony criminal confinement and Level 6 felony battery.

Company v. Review Board of the Indiana Department of Workforce Development and C.H. (mem. dec.)
Agency action. Affirms determination C.H. is entitled to unemployment compensation.

Kenneth L. Zamarron v. State of Indiana (mem. dec.)
Post conviction. Affirms dismissal of Kenneth Zamarron’s petition for post-conviction relief.