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Opinions April 24, 2018

April 24, 2018

Indiana Court of Appeals
State of Indiana v. Daniel L. Myers

69A01-1708-CR-1805
Criminal. Reverses the dismissal of three counts of operating while intoxicated against Daniel L. Myers under Indiana Trial Rule 4(C). Because Myers did not timely object to the Ripley Superior Court setting his trial more than one year beyond the filing of charges, he acquiesced to the date. Remands with instructions for proceedings.

Anthony Morton v. State of Indiana (mem. dec.)
49A02-1708-CR-1738
Criminal. Affirms Anthony Morton’s conviction of Level 1 felony attempted murder and Level 2 felony arson. The Marion Superior Court did not commit fundamental error when it instructed the jury.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: A.S. (Minor Child) And C.S. (Mother) and B.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
69A04-1712-JT-2905
Juvenile termination. Affirms the termination of father B.S. and mother C.S.’s parental rights to their minor child, A.S. The Department of Child Services presented clear and convincing evidence to support the termination order.

Aaron Ell Reid v. State of Indiana (mem. dec.)
20A03-1709-CR-2141
Criminal. Affirms Aaron Ell Reid’s six-year executed sentence and conviction of Level 4 felony child molesting. The evidence was sufficient to support the conviction, and Reid may petition the court at a later time to remove his name from the Indiana Sex Offender Registry.

Tiara Peoples v. State of Indiana (mem. dec.)
49A05-1707-CR-1672
Criminal. Affirms Tiara Peoples’ conviction of Level 5 felony battery resulting in serious bodily injury. The Marion Superior Court properly excluded evidence of a child victim’s prior panic attack and the state did not commit prosecutorial misconduct.

Robert Drake v. State of Indiana (mem. dec.)
49A02-1710-CR-2278
Criminal. Affirms Robert Drake’s 50-year sentence and murder conviction. The evidence is sufficient to support the jury’s verdict that Drake knowingly or intentionally aided, induced, or caused the offense. The Marion Superior Court did not abuse its discretion in sentencing Drake to a below-advisory term rather than a minimum term of 45 years.

Austin D. Warren v. State of Indiana (mem. dec.)
91A05-1710-CR-2412
Criminal. Affirms Austin D. Warren’s six-year sentence for conviction of Level 5 felony failure to remain at the scene of an accident resulting in death. The sentence is not inappropriate in light of the nature of the offense and his character.

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