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Opinions Aug. 7, 2018

August 7, 2018

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.A.G. (Minor Child); C.L. (Mother) and A.G. (Father) v. Indiana Department of Child Services (mem. dec.)

18A-JT-293
Juvenile termination. Affirms the Dearborn Circuit Court’s termination of A.G. and C.L.’s parental rights over their minor child, E.G. Finds the totality of the evidence, including the parents’ historical inability to provide a safe and stable home and their failure to maintain contact with E.G., supports the trial court’s conclusion that termination of parental rights is in E.G.’s best interest. 

Jessica Sue Pichon v. State of Indiana (mem. dec.)
18A-CR-396
Criminal. Affirms Jessica Pichon’s 15-year sentence for her convictions of Level 5 and Level 3 felony resisting law enforcement. Finds the Lake Superior Court did not issue a “reasonably detailed recitation” of its reasoning for imposing Pichon’s sentences, but such error was harmless. Also finds Pichon's sentence is not inappropriate. Judge Margret Robb dissents with a separate opinion. 

Arnold E. Bulmer v. Pamela K. Bulmer (mem. dec.)
18A-DR-55
Domestic relation. Affirms the Fayette Circuit Court’s final order on the division of marital property and debts between Arnold and Pamela Bulmer.  Finds the trial court did not abuse its discretion in its denial of Arnold’s motion for continuance. Also finds the trial court did not abuse its discretion when it awarded Pamela one-half of the value of the farm. 

Keith A. Smith v. State of Indiana (mem. dec.)
12A02-1711-CR-2820
Criminal. Affirms Keith A. Smith’s conviction for murder. Finds the Clinton Circuit Court did not err when it refused to instruct the jury on voluntary manslaughter. Also finds the trial court did not abuse its discretion when it declined to admit certain evidence at trial.

Diamonte William Baker v. State of Indiana (mem. dec.) ​​​​​​​
79A02-1711-CR-2640
Criminal. Affirms Diamonte William Baker’s convictions for Level 1 felony attempted murder, Level 6 felony intimidation and Class A misdemeanor false informing. Finds the Tippecanoe Superior Court did not abuse its discretion in imposing a contempt sanction or commit fundamental error in instructing the jury. Also finds Baker’s conviction of level 5 felony domestic battery by means of a deadly weapon constitutes a double jeopardy violation. Remands to vacate Baker’s Level 5 felony conviction. 

Mark A. Emerson v. State of Indiana (mem. dec.)
48A02-1706-CR-1430
Criminal. Affirms Mark A. Emerson’s conviction for murder; four counts of Level 3 felony kidnapping; Level 5 felony intimidation; Level 5 felony battery by means of a deadly weapon; Level 6 felony auto theft; and Class A misdemeanor interfering with the reporting of a crime. Finds the Madison Circuit Court did not abuse its discretion in instructing the jury. Also finds there was sufficient evidence to support Emerson’s convictions for kidnapping. 
 

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