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Opinions Oct. 14, 2016

October 14, 2016

Indiana Court of Appeals
Kent R. Blair, Sr. v. State of Indiana
02A05-1604-CR-832
Criminal. Affirms Kent Blair’s convictions of invasion of privacy as a Level 6 felony and criminal trespass as a Class A misdemeanor, and his sentence to 1 ½ years executed in the Indiana Department of Correction. Finds the evidence is sufficient to sustain Blair’s convictions, that the Allen Superior Court did not abuse its discretion in sentencing him and that his sentence is not inappropriate in light of the nature of the offenses and his character.

Adam K. Baumholser v. State of Indiana
82A04-1509-CR-1457
Criminal. Affirms Adam K. Baumholser’s convictions of three counts of child molesting, one as a Class A felony and two as Class C felonies. Finds that the admission of certain character evidence and forensic interviewer testimony was not fundamental error and that Baumholser’s sentence was neither inappropriate nor an abuse of discretion.

William Brandon, Jr. and Sarah Brandon v. Buddy & Pal's III, Inc., d/b/a Buddy & Pal's Place and Thomas Walker
45A04-1511-CT-1970
Civil tort. Affirms Lake Superior Court’s decision that William Brandon Jr. waived the issue of default establishing Thomas Walker’s liability in a bar fight that injured Brandon. Finds that because Brandon did not object to Walker participating at trial, did not argue the effects of Walker’s default at trial and because he asked the jury to find that Walker was 15 percent liable, Brandon cannot fall back on the position that Walker was 100 percent at fault based on the default.

Walter Ward, III v. State of Indiana (mem. dec.)
02A05-1604-CR-755
Criminal. Affirms Walter Ward III’s sentence of an aggregate five-year term following his convictions for felony possession of cocaine as a Level 5 felony, resisting law enforcement as a Level 6 felony, being a habitual traffic offender as a Level 6 felony and possession of paraphernalia as a Class A misdemeanor, pursuant to a guilty plea. Finds that Ward’s sentence is not inappropriate in light of his character.

In re the Termination of the Parent-Child Relationship of R.Q. and N.Q.: K.Q. (Mother) v. Indiana Department of Child Services (mem. dec.)
14A01-1603-JT-524
Juvenile termination of parental rights. Affirms the termination of K.Q.’s parental rights to N.O. and R.Q. Finds that there is sufficient evidence that the conditions resulting in removal will not be remedied and that there is clear and convincing evidence that termination is in the best interests of the children.

Mark Madejek v. State of Indiana (mem. dec.)
71A03-1602-CR-405
Criminal. Affirms Mark Madejek’s sentence to an aggregate term of seven years in the Department of Correction after he pleaded guilty, without a plea agreement, to leaving the scene of an accident as a Level 5 felony and operating a motor vehicle with a suspended licenses as Class A misdemeanor. Finds that the St. Joseph Superior Court made a harmless error during sentencing and that Madejek’s sentence is not inappropriate in light of the nature of the offenses and his character.

In the Matter of: V.K. (Minor Child), Child in Need of Services, and M.V. (Mother) v. The Ind. Dept. of Child Services; M.V. v. J.K. (mem. dec.)
03A04-1604-JC-736
Juvenile. Affirms Bartholomew Circuit Court’s decision to combine the permanency and custody hearings for M.V.’s daughter, V.K., following the dissolution of M.V.’s marriage to J.K. and the adjudication of V.K. as a child in need of services. Finds that the trial court did not violate due process rights by combining the hearings.

Herbert Lee Brown, III v. State of Indiana (mem. dec.)
71A04-1603-CR-675
Criminal. Affirms Herbert Brown’s convictions for two counts of Level 1 felony rape and two counts of Level 3 felony robbery. Finds that the St. Joseph Superior Court did not err by excluding evidence of the victim’s other sexual assault or by denying a mistrial. Finds that the sentence is not inappropriate in light of the nature of the offenses and Brown’s character.

In the Guardianship of S.S. and J.N., Minor Children, Marla New v. Kenneth Scrogham and Teresa Scrogham (mem. dec.)
39A01-1512-GU-2289
Guardianship. Affirms Jefferson Circuit Court’s order granting Kenneth and Teresa Scrogham’s petition for guardianship of Marla New’s daughter, S.S. and the denial of New’s motion to correct error. Finds that the trial court’s findings implicitly show that guardianship was necessary.

Ronald Weaver v. State of Indiana (mem. dec.)
20A03-1601-PC-14
Post-conviction. Affirms the denial of Ronald Weaver’s petition for post-conviction relief. Finds that the post-conviction court did not erroneously determine that Weaver pleaded guilty knowingly, voluntarily and intelligently and that he did not receive ineffective assistance of trial counsel.

Dakota Fraley v. State of Indiana (mem. dec.)
15A05-1601-CR-36
Criminal. Affirms Dakota Fraley’s sentence to an aggregate term of 68 years imprisonment with five years suspended to probation for five counts of burglary as Class B felonies following a negotiated plea agreement. Finds that the Dearborn Superior Court did not abuse its discretion when declining to find Fraley’s history of substance abuse to be a mitigating factor or when it found his criminal history to be an aggravating factor. Finds that Fraley’s sentence is not inappropriate given the nature of the offenses and his character.

Jasmine Sivels v. State of Indiana (mem. dec.)
49A05-1602-CR-323
Criminal. Affirms Jasmine Sivels’ conviction of battery resulting in bodily injury as a Class A misdemeanor. Finds that the state presented sufficient evidence to rebut Sivels’ assertion that she acted in self-defense.

Rachelle L. Purcell v. Gary A. Purcell (mem. dec.)
34A02-1602-DR-253
Domestic relations. Reverses Howard Circuit Court order ruling that Gary Purcell’s educational support obligation to his daughter, N.P. was satisfied by his weekly payments of $150, that the $150 payments satisfies his child support obligations related to his other three children, that Rachelle Purcell’s allegations of fraud had failed and that neither party was in contempt of court. Finds that the trial court erred in concluding the Gary Purcell’s $5,000 yearly educational support obligation to N.P. ceased when she transferred to Indiana University Kokomo. Remands with instructions.

Richard Wilson v. State of Indiana (mem. dec.)
49A04-1603-CR-633
Criminal. Affirms the revocation of Richard Wilson’s placement in community corrections. Finds that the state presented sufficient evidence to support the Marion Superior Court’s revocation of his home detention.

Matthew Weeks v. State of Indiana (mem. dec.)
34A02-1603-CR-528
Criminal. Affirms Matthew Weeks’ sentence to 28 years imprisonment after he pleaded guilty to Level 2 felony voluntary manslaughter. Finds that the sentence is not inappropriate in light of the nature of the offense and of Weeks’ character.
 

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