Opinions Nov. 22, 2016

November 22, 2016

Indiana Court of Appeals
C.V. v. C.R.
Protective order. Reverses protective order issued against C.V. and remands with instructions to vacate the protective order because C.R. did not produce sufficient evidence he stalked her and that a protective order was warranted.

Wendell Brown a/k/a Menes Ankh El v. State of Indiana
Criminal. Affirms convictions of Class C felony counts of burglary and forgery and Class A misdemeanor driving while suspended. The trial court had subject matter jurisdiction over Menes Ankh El; the denial of his request to retain “consuls from the Moorish American Nation” was proper because they were not licensed to practice law in Indiana; the evidence was sufficient; the charging information was not defective; and the court did not exhibit prejudice resulting in fundamental error.

William W. Bunner v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Level 2 and Level 3 felonies dealing in methamphetamine; Level 4 and Level 5 felonies possession of methamphetamine; Level 6 felonies maintaining a common nuisance and resisting law enforcement; and misdemeanor possession of paraphernalia. Evidence was sufficient to establish jurisdiction or venue in Warrick County, and the trial court did not abuse its discretion in admitting evidence of a prior drug sale.

Anthony Stansbury v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of post-conviction relief, finding the court didn’t abuse its discretion in denying Anthony Stansbury’s request for a continuance or in denying his petition without first holding an evidentiary hearing.

In re the Paternity of E.E., J.E. v. T.C. (mem. dec.)
Juvenile. Affirms trial court order awarding custody of E.E. to mother, T.C. The trial court did not err in determining custody.

State of Indiana v. Terrence L. Hawkins (mem. dec.)
Criminal. Affirms trial court order granting Terrence Hawkins’ motion to suppress, finding a warrantless search of a vehicle after a traffic stop was unreasonable and violated Article 1, Section 11 of the Indiana Constitution.

Bryant Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Bryant Johnson’s convictions of murder, attempted murder and battery, holding the trial court did not err in admitting evidence of a ShotSpotter report locating detectable gunfire.

M.P. v. State of Indiana (mem. dec.)
Juvenile. Affirms M.P.’s delinquency adjudication for committing what would have been Class A misdemeanor battery resulting in bodily injury if committed by an adult. The evidence was sufficient to rebut M.P.’s assertion he acted in self-defense.

Demeko Bradley v. State of Indiana (mem. dec.)
Criminal. Affirms Demeko Bradley’s conviction and aggregate 75-year sentence for murder with enhancement as a habitual offender. The jury could conclude the evidence did not support the assertion of self-defense; a crime scene photo of the victim was not admitted in error; and the sentence was not inappropriate in light of the nature of the offense and his character,

Brian Burns v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct, finding evidence was sufficient to support the conviction.

Brent D. Mullis v. State of Indiana (mem. dec.)
Post-conviction. Affirms denial of post-conviction relief, holding the post-conviction court did not err in denying the petition.

State of Indiana v. Kenneth R. Trisler (mem. dec.)
Criminal. Reverses dismissal of charge of Level 6 felony unlawful entry onto a school property by a serious sex offender. The statute does not violate Indiana’s ex post facto clause. Remands for proceedings.

Michelle Powell v. Timothy Powell (mem. dec.)
Domestic relations. Affirms trial court order modifying custody and parenting time with minor child P.P. and denying Timothy Powell’s petition for contempt. The trial court did not abuse its discretion and Michelle Powell was not denied due process.

Tonya R. Crump v. State of Indiana (mem. dec.)
Criminal. Affirms 11-year sentence with eight years executed for conviction of Class B felony dealing in methamphetamine. The sentence was not inappropriate in light of the nature of the offense and the character of the offender.