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Opinions July 30, 2018

July 30, 2018
KEYWORDS Opinions

Indiana Court of Appeals
Dennis Knight v. State of Indiana (mem. dec.)

71A04-1711-PC-2748
Post-conviction. Affirms the St. Joseph Superior Court’s order to prepare a new 
pre-sentence investigation report for Dennis Knight. Finds Knight waived the argument that he was entitled to any relief based on the trial court sentencing him without a PSI because he failed to raise such an argument on direct appeal. Also finds, waiver notwithstanding, that Knight’s argument that such an error would entitle him to a new trial was meritless. Finally, finds Knight failed to show any prejudice resulting from the post-conviction court resentencing him.  

Crystal Sells v. State of Indiana (mem. dec.)
48A02-1704-CR-927
Criminal. Affirms Crystal Sells’ conviction for Level 3 felony neglect of a dependent and Class D felony neglect of a dependent. Finds the Madison Circuit Court did not abuse its discretion in excluding testimony from Micki Rushton and disallowing Sells’ cross-examination of the police detective. Also finds there was sufficient evidence to support the convictions.
 
Tyrone Grayson v. State of Indiana (mem. dec.)
49A04-1709-PC-2302
Post-conviction. Affirms the Marion Superior Court’s denial of Tyrone Grayson petition for post-conviction relief. Finds Grayson’s trial counsel was not ineffective for failing to challenge the investigatory stop under Article 1, Section 11 of the Indiana Constitution.  

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: J.C. (Minor Child) and J.M.C. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-536
Juvenile termination of parental rights. Affirms the Lake Superior Court’s termination of J.M.C.’s parental rights to his minor son, J.C. Finds there was sufficient evidence to prove the conditions that led to J.C.’s removal from J.M.C.’s care were not likely to be remedied, and to support the determination that termination of parental rights was in the best interest of J.C.  

Aaron L. Dalton v. State of Indiana (mem. dec.)
18A-CR-776
Criminal. Affirms Aaron Dalton’s aggregate 24-year sentence for convictions of two counts of Level 4 felony child molesting. Finds Dalton’s sentence is not inappropriate in the light of his offenses or his character. Also finds the Delaware Circuit Court did not err in ordering the sentences to run consecutively.

Robert L. Kirby v. State of Indiana (mem. dec.)
18A-CR-342
Criminal. Affirms Robert Kirby’s one-year sentence for his conviction of Class A misdemeanor domestic battery. Finds the Madison Circuit Court did not abuse its discretion in sentencing him and that his sentence is not inappropriate.

Nico Ross v. State of Indiana (mem. dec.)
04A03-1707-IF-1724
Infraction. Affirms Nico Ross’ Class C speeding infraction. Finds the Benton Circuit Court did not err.

Kevin James Rent v. State of Indiana (mem. dec.) ​​​​​​​
49A04-1712-CR-2914
Criminal. Affirms Kevin Rent’s conviction for Level 2 felony dealing in cocaine, Level 4 felony unlawful possession of a firearm by a serious violent felon and dealing in marijuana and possession of a narcotic drug, both as Level 5 felonies. Finds sufficient evidence to support the convictions. 

Anthony Chandler v. State of Indiana (mem. dec.) ​​​​​​​
67A01-1706-MI-1481
Miscellaneous. Affirms the Putnam Superior Court’s denial of Anthony Chandler’s petition for permission to file a belated notice of appeal. Finds the trial court did not err in denying Chandler’s petition made pursuant to Indiana Trial Rule 72(E).

Cornelius L. Thomas v. Amber P. Hall (mem. dec.) ​​​​​​​
18A-DR-216
Domestic relation. Affirms the Allen Superior Court’s denial of Cornelius Thomas’ petition to obtain permanent sole legal custody of his minor son H.T. Finds the trial court did not clearly err in denying his petition to modify custody.

Luis C. Schleiffer v. State of Indiana (mem. dec.)
35A02-1712-CR-2885
Criminal. Affirms Luis Schleiffer’s conviction for Class A misdemeanor possession of marijuana with a prior conviction. Finds the Huntington Superior Court did not abuse its discretion in allowing the State to reopen its case to present evidence of his prior conviction. 

Justin M. Lower v. State of Indiana (mem. dec.)
46A03-1610-CR-2430
Criminal. Affirms Justin Lower’s conviction for murder and his adjudication as a habitual offender. Finds the La Porte Circuit Court committed no reversible or fundamental error and did not abuse its discretion. 

Litale Zavier Kendall v. State of Indiana (mem. dec.)  
49A02-1708-CR-1717
Criminal. Affirms Litale Kendall’s convictions for Level 5 felony battery by means of a deadly weapon, Level 6 felony criminal recklessness and Class A misdemeanor domestic battery. Finds that any error made in admitting evidence regarding a prior bad act was harmless in light of the independent evidence of Kendall’s guilt.

David G. Pike v. State of Indiana (mem. dec.) ​​​​​​​
18A-CR-205
Criminal. Affirms David Pike’s conviction for Level 6 felony operating a vehicle with a schedule I or II controlled substance in the body causing serious bodily injury. Finds there was sufficient evidence to support the conviction. 

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