Opinions March 16, 2018

March 16, 2018

Indiana Court of Appeals

Steven Wade Childress v. State of Indiana
Criminal. Affirms Steven Wade Childress’ conviction for Level 3 felony armed robbery. Finds the Madison Circuit Court did not err in rejecting Childress’ Batson claim that the prosecutor’s peremptory challenge to a potential juror was improperly based on the juror’s race.

Brandon Mockbee v. State of Indiana (mem. dec.)
Criminal. Affirms Brandon Mockbee’s convictions of two counts of Level 5 felony burglary and one count of Level 6 felony obstruction of justice and his sentence to an aggregate of 21 ½ years. Reverses Mockbee’s six-year habitual offender enhancement. Finds the state presented insufficient evidence to support the habitual offender enhancement, but presented sufficient evidence to support his convictions. Also finds the Dearborn Circuit Court did not abuse its discretion in the admission of evidence and did not err in determining Mockbee had forfeited his right to self-representation. Finally, finds Mockbee has waived appellate review of the trial court’s denial of his motion for severance. Remands for retrial on the enhancement.

Gregory Ollie Scott v. State of Indiana (mem. dec.)
Criminal. Affirms Gregory O. Scott’s 10-year sentence for his conviction of Level 4 felony child molesting. Finds the Pike Circuit Court did not abuse its discretion in considering mitigating and aggravating factors. Also finds Scott’s sentence is not inappropriate.

Kristi J. Line v. State of Indiana (mem. dec.)
Criminal. Affirms Kristi J. Line’s conviction for operating a vehicle while intoxicated as a Class A misdemeanor. Finds evidence of probative value exists from which the Hendricks Superior Court could have found Line guilty beyond a reasonable doubt. Judge Patricia Riley concurs in result with separate opinion.

People of Conviction, Inc., et al. v. Neighborhood Code Enforcement (mem. dec.)
Miscellaneous. Affirms the order “dismiss(ing) and/or deny(ing) People of Conviction, Inc.’s petition for judicial review of a demolition order. Finds POC fails to challenge the Allen Superior Court’s denial of its petition for judicial review, so its judgment is sustainable on the basis of its denial of POC’s petition for judicial review.

Gregory Bruce Grider, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Gregory B. Grider, Jr.’s convictions on two counts of Level 1 felony attempted murder and his sentence to an aggregate of 80 years. Finds there was sufficient evidence to support Grider’s convictions. Also finds Grider’s sentence is not inappropriate.

In Re: The Termination of the Parent/Child Relationship of Mak.B and Mar.B; D.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of D.C.’s parent-child relationship with her children, Mak.B. and Mar.B. Finds there is sufficient evidence to support the Elkhart Circuit Court’s decision to terminate the parent-child relationship.

Robert Teal v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Teal’s sentence to three years’ imprisonment, with two years executed in the Indiana Department of Correction and one year suspended to sex offender probation for his conviction of child molesting as a Class C felony. Finds Teal’s sentence is not inappropriate.

Ashlee K. Pierce v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Ashlee K. Pierce’s probation. Finds the Madison Circuit Court did not violate Pierce’s due process right by failing to specify the reasons for revoking her probation. Also finds the trial court did not abuse its discretion by ordering her to serve her previously-suspended sentence.

Rick L. Robinson v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Rick L. Robinson’s petition for post-conviction relief. Finds Robinson did not receive ineffective assistance of trial counsel.