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Opinions April 26, 2018

April 26, 2018

Indiana Court of Appeals
Scott Randall v. State of Indiana

49A02-1708-CR-1779
Criminal. Affirms the denial of Scott Randall’s motion to suppress evidence resulting from a police officer’s observations while conducting a welfare check. Finds the Marion Superior Court erroneously applied the community caretaking function, but Randall’s seizure was reasonable under both the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution pursuant to the emergency aid doctrine. Also finds Randall’s statements were not made in violation of Miranda.

Keith A. Laughlin v. State of Indiana
41A01-1708-CR-1817
Criminal. Affirms Keith A. Laughlin’s conviction of Level 6 felony intimidation where the threat is to commit a forcible felony. Finds the state presented sufficient evidence of Laughlin’s intent to have police evacuate the Johnson County Courthouse when he called multiple bomb threats to 911. Also finds the state presented sufficient evidence that Laughlin’s threat was to commit a forcible felony because his statement that police had 10 minutes to respond to him indicated he intended to detonate a bomb in an area likely populated by pedestrians.

Bruce and Sybil Scheffer v. Centier Bank
45A04-1709-PL-2118
Civil plenary. Affirms the grant of judgment on the evidence to Centier Bank and the grant of its request for attorney fees. Finds the Lake Superior Court did not err. Remands for a determination of reasonable appellate attorney fees.

Brock Jerel Perry v. State of Indiana (mem. dec.)
71A03-1711-CR-2752
Criminal. Affirms Brock Jerel Perry’s conviction of Class B misdemeanor battery. Finds there was sufficient evidence to rebut Perry’s claim of self-defense.

Gary Whittington, Jr. v. State of Indiana (mem. dec.)
82A01-1708-CR-1808
Criminal. Affirms Gary Whittington, Jr.’s convictions of three counts of Level 5 felony robbery, three counts of Level 5 felony criminal confinement, Level 4 felony burglary, Level 6 felony theft of a firearm and Level 6 felony auto theft. Finds sufficient evidence was presented to support Whittington’s burglary conviction. Also finds there was not fundamental error in the admission of testimony.
 
Kody Russell Oliver v. State of Indiana (mem. dec.)
71A03-1711-CR-2739
Criminal. Affirms the revocation of Kody Russell Oliver’s probation. Finds the St. Joseph Superior Court did not abuse its discretion.

Jorge G. Carrillo v. State of Indiana (mem. dec.)
15A05-1710-CR-2413
Criminal. Affirms the order for Jorge Carrillo to pay $10,917.46 in restitution after he pleaded guilty to two counts of Class D felony theft. Finds the Dearborn Superior Court did not abuse its discretion.

In the Matter of the Termination of the Parent-Child Relationship of J.B. (Child) and L.G. (Father); L.G. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A04-1711-JT-2636
Juvenile termination of parental rights. Affirms the involuntary termination of L.G.’s parental rights to J.B. Finds the Department of Child Services was not required to provide L.G. with reunification services or visitation prior to the involuntary termination of his parental rights, so his due process rights were not violated.
 
In the Termination of the Parent-Child Relationship of: A.J. (Minor Child) and H.J. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A05-1711-JT-2637
Juvenile termination of parental rights. Affirms the termination of H.J.’s parental rights to A.J. Finds the juvenile court’s order is not clearly erroneous.

 

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