Opinions Oct. 31, 2016

October 31, 2016

Indiana Court of Appeals
Justin S. Johnson v. State of Indiana
Criminal. Reverses Greene Superior Court decision to revoke Justin Johnson’s home detention and instead sentence him to seven years in the Department of Corrections. Remands with instructions to place Johnson in on work release.

Lance E. Brown v. State of Indiana
Criminal. Affirms Lance E. Brown’s conviction of battering a public safety officer as a Level 6 felony. Finds that under the totality of specific facts and circumstances, the officers’ conduct was reasonable and lawful, and that there is no need to reach the question of whether Brown acted with reasonable force in self-defense.

Juan Reyes v. State of Indiana (mem. dec.)
Criminal. Affirms Juan Reyes’ convictions for two counts of child molesting as Class A felonies. Finds that Reyes did not demonstrate that the Marion Superior Court committed fundamental error when it permitted challenged testimony and that any error in the admission of that testimony was harmless.

Jordon P. Stroud v. State of Indiana (mem. dec.)
02A04-1606-CR-1355 and 02A03-1606-CR-1364
Criminal. Affirms Jordon P. Stroud’s separate one-year and 1 ½ -year consecutive sentences for Level 6 felony domestic battery and Level 6 felony possession of a legend drug or precursor without a prescription. Addresses both of Stroud’s appeals in a single decision. Finds no abuse of the Allen Superior Court’s discretion in either case.

Fernando Trujillo v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Fernando Trujillo’s petition for post-conviction relief. Finds that Trujillo failed to meet his burden of proof in establishing that his trial counsel was ineffective.

Erica Lupkin v. State of Indiana (mem. dec.)
Criminal. Affirms Erica Lupkin’s conviction for Level 6 felony invasion of privacy. Finds that there is sufficient evidence to sustain Lupkin’s conviction and for the jury to have rejected her mistake of fact defense.

In the Matter of P.G. (Minor Child), Child in Need of Services J.G. (Father), P.G. (Guardian), and M.G. (Guardian) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms the Marion Superior Court’s determination that P.G. is a child in need of services. Finds that the trial court did not err when it found P.G. to be a CHINS, detained P.G. and refused the predispositional placement recommendations of the Indiana Department of Child Services.

Janine M. Jackson v. State of Indiana (mem. dec.)
Criminal. Affirms Janine Jackson’s conviction of Class B misdemeanor battery. Finds that the testimony against Jackson at the Randolph Superior Court trial was sufficient for a rational fact finder to find her guilty beyond a reasonable doubt.

In the Termination of the Parent-Child Relationship of: J.P. and R.P. (Minor Children), and, N.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of N.P.’s parental rights to her children, J.P. and R.P. Finds that the Marion Superior Court erred in categorically stating that hearsay is admissible in termination proceedings, but that N.P. waived her claim that the trial court committed reversible error both by failing to make a specific objection before the trial court and by failing to make a cogent argument on appeal as to how any such error was not harmless.