Opinions June 18, 2018

Keywords Opinions

Indiana Court of Appeals
Andrew Seal v. State of Indiana

Criminal. Affirms Andrew Seal’s conviction of Level 1 felony child molesting. Finds independent evidence found satisfies the purpose of the corpus delicti rule. Concludes there was sufficient evidence to support the conviction.

Marcus T. Threatt, Jr. v. State of Indiana
Criminal. Affirms Marcus Threatt Jr.’s 20-year sentence with 2½ years suspended for his conviction of Level 2 felony robbery. Concludes the sentence is not inappropriate given the nature of the offense and Threatt’s character.

In the Matter of: A.Q., K.Q., and R.Q. (Minor Children), R.O. (Mother) and C.Q. (Father) v. Indiana Department of Child Services
Juvenile CHINS. Affirms the trial court’s order approving proposed changes to permanency plans from reunification to termination of parental rights of R.O. and C.Q. Finds the court’s decision to adopt a singular plan for permanency was not clearly erroneous.

Ronald Weaver v. State of Indiana (mem. dec.)
Criminal. Affirms trial court’s denial of a motion to reduce Ronald Weaver’s 30-year sentence in the Indiana Department of Correction.  Finds the Elkhart Superior Court did not err in denying the motion and did not abuse its discretion in denying recommendation for placement in Purposeful Incarceration Program.

Loretta Y. Mitchell v. State of Indiana (mem. dec.)
Criminal. Affirms the Madison Circuit Court’s decision to revoke Loretta Mitchell’s placement in community corrections and order for her to serve the remainder of her sentence in the Indiana Department of Corrections. Finds sufficient evidence to support the trial court’s decision.

Curtis Boggs v. State of Indiana (mem. dec.)
Criminal. Affirms in part, reverses in part and remands Curtis Boggs’ seven consecutive sentences totaling 63 years for his convictions of eight counts of sexual misconduct with a minor and four counts of child molesting as Level 1, Level 4 and Level 5 felonies. Remands with instructions to vacate one conviction of Level 4 felony child molesting and reducing the total sentence to 60 years. Finds the nature of Boggs’ offenses proves the revised 60-year sentence appropriate.

A.D. v. State of Indiana (mem. dec.)
Juvenile. Affirms adjudication of A.D. as delinquent child for resisting law enforcement, a Class A misdemeanor if committed by an adult. Finds the state presented sufficient evidence that A.D.’s stop did not violate either the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution.

Alberto Barrios v. State of Indiana (mem. dec.)
Criminal. Affirms the Pike Circuit Court did not abuse its discretion in sentencing Alberto Barrios to serve the remainder of his previously suspended sentence in the Indiana Department of Correction.

Mark A. Petry v. State of Indiana (mem. dec.)
Post conviction. Affirms the Pike Circuit Court’s denial of Mark A. Petry’s petition for post-conviction relief. Finds the post-conviction court did not err in determining Petry failed to show that he did not know he was waiving his Boykin rights when he pleaded guilty to habitual offender enhancement.

Derek Snapp v. State of Indiana (mem. dec.)
Criminal. Affirms Derek A. Snapp’s six-year sentence for conviction of Level 5 felony battery. Remands with instructions to correct the abstract of judgment.

Shawn M. Saylor v. State of Indiana (mem. dec.)
Criminal. Affirms Shawn M. Saylor’s conviction for Level 5 felony dealing in methamphetamine and Level 6 felony maintaining a common nuisance. Finds there is sufficient evidence to support his conviction.

In Re the Matter of: Mad.R. and Mas.R. (Children in Need of Services) and D.C. (Custodian) v. The Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms CHINS determination of Mad.R. and Ma.R. is not clearly erroneous. Finds the juvenile court’s findings are supported by evidence.  

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