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Opinions April 19, 2018

April 19, 2018

Indiana Court of Appeals
Currant Barnes v. State of Indiana (mem. dec.)

49A02-1711-CR-2542 
Criminal. Affirms Currant Barnes’ conviction of Class B misdemeanor possession of marijuana. The evidence is sufficient to support the conviction.  

Terence C. Kendrick, Jr. v. State of Indiana (mem. dec.)
02A03-1710-CR-2465 
Criminal. Affirms the Allen Superior Court’s revocation of Terence C. Kendrick, Jr.’s probation and order that he serve his previously suspended two-year sentence for his conviction of Level 6 felony resisting law enforcement and Class C misdemeanor of refusing to identify himself. The evidence was sufficient to revoke probation and there was no abuse of discretion or due-process violation.

Arthur Jerome Croom v. State of Indiana (mem. dec.)
49A05-1710-CR-2347 
Criminal. Affirms the aggregate 19-year executed sentence for Jerome Croom’s conviction of Level 5 felony reckless homicide and Level 3 felony battery resulting in serious bodily injury to a person younger than 14. The sentence is not inappropriate in light of the nature of the offense and Croom’s character.

Gary L. Sears, Jr. v. State of Indiana (mem. dec.)
61A01-1711-CR-2648.
Criminal. Affirms Gary L. Sears, Jr.’s 55-year aggregate sentence for his convictions of burglary as a Level 1 felony and two counts of criminal confinement as Level 3 felonies. Finds Sears’ sentence is not inappropriate in light of the nature of the offense and his character. Remands with instructions for the Parke Circuit Court to attach Sears’ habitual offender enhancement to his Level 1 felony sentence. 

Shawn D. Parker v. State of Indiana (mem. dec.)
20A03-1709-CR-2237 
Criminal. Affirms Shawn D. Parker’s conviction of two counts of Level 3 felony rape and one count of Level 5 felony kidnapping. Parker was not denied his due process right to a fair trial.

Timothy Hartwell v. State of Indiana (mem. dec.)
84A01-1706-CR-1342 
Criminal. Affirms Timothy Hartwell’s aggregate 12-year sentence for his plea of guilty but mentally ill to charges of Class B felony stalking and Level 5 felony intimidation. The sentence is not inappropriate in light of Hartwell’s character or the nature of the offenses. 

Robert Peacher v. Elizabeth Lakin (mem. dec.)
48A02-1709-SC-2312 
Small claims. Affirms the small claims court’s judgment in favor of Elizabeth Lakin.  The Madison Circuit Court did not err in entering judgment in favor of Lakin.

In Re the Adoption of A.R., S.R., C.R., and M.R. (mem. dec.)
71A03-1710-AD-2359 
Adoption. Affirms the St. Joseph Probate Court’s order approving adoption. Parental consent to the adoption was not required based on a failure to provide support despite an ability to do so for a period of at least one year. 

Marlena Koerner v. Jacob Snowden (mem. dec.)
36A01-1711-DR-2641 
Domestic relation. Dismisses mother Marlena Koerner’s appeal of the Jackson Superior Court’s denial of her motion to terminate father Jacob Snowden’s parenting time with their daughter, K.S. The appellate court lacks subject matter jurisdiction because the order was not a final judgment.

Bryan Lee Jordan v. State of Indiana (mem. dec.)
18A-CR-89 
Criminal. Affirms the two-year sentence for Bryan Lee Jordan’s guilty plea to Level 6 felony counts of possession of methamphetamine and possession of a narcotic. The sentence is not inappropriate in light of Jordan’s character.
 

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