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Opinions Aug. 23, 2018

August 23, 2018
KEYWORDS Opinions

Indiana Court of Appeals
In Re: The Commitment of D.S.; D.S. v. Indiana University Health Bloomington Hospital

18A-MH-590
Mental health. Reverses and remands the Monroe Circuit Court’s order granting the petition filed by Indiana University Health Bloomington Hospital for D.S.’s regular commitment. Finds there is insufficient evidence to support the claim that D.S. cannot live or function independently outside of a hospital setting. 

Austin D. Johnson v. State of Indiana (mem. dec.) ​​​​​​​
18A-CR-155
Criminal. Affirms and reverses in part Austin Johnson’s convictions of receiving stolen auto parts as a Level 5 felony and auto theft as a Level 6 felony and his sentence to an aggregate of six years. Finds Johnson’s convictions violate double jeopardy principles. Also finds Johnson’s six-year sentence is not inappropriate in light of the nature of the offense and his character. Remands with instructions to vacate the Level 6 felony conviction.

Shayla Monique Brazier v. State of Indiana (mem. dec.)
71A03-1712-CR-2949
Criminal. Affirms Shayla Monique Brazier’s convictions for Level 3 felony robbery and Level 4 felony conspiracy to commit burglary. Finds the trial court did not abuse its discretion by admitting T.O.’s testimony. Finds the evidence was sufficient to convict Brazier of robbery either as a principal or as an accomplice. Also finds the St. Joseph Superior Court did not abuse its discretion by admitting T.O.’s testimony. 

In Re: The Matter of J.W., a Child in Need of Services (CHINS); M.W. (Mother) v. Indiana Department of Child Services, et al. (mem. dec.)
18A-JC-432
Juvenile CHINS. Affirms the Marion Superior Court’s adjudication of M.W.’s child J.W., as a child in need of services. Finds sufficient evidence to support the adjudication. 

In Re the Termination of the Parent-Child Relationship of: R.C.; C.C., Sr. (Father) v. The Indiana Department of Child Services (mem. dec.)
20A03-1712-JT-2832
Juvenile termination of parental rights. Affirms the Elkhart Circuit Court’s termination of the parent-child relationship between C.C. and his son, R.C. Finds there is sufficient evidence to support the termination of the parent-child relationship.

Katrina E. Cottrell v. State of Indiana (mem. dec.)
18A-CR-722
Criminal. Affirms Katrina Cottrell’s sentence to an aggregate of 55 years in prison for her convictions of Level 2 felony robbery, two counts of Level 3 felony confinement and Level 6 felony identity deception and being a habitual offender. Finds the Parke Circuit Court did not abuse its discretion by rejecting two mitigating circumstances. 

Kevin Walker v. State of Indiana (mem. dec.)
18A-CR-153
Criminal. Affirms Kevin Walker’s conviction for Class A misdemeanor possession of a synthetic drug. Finds the Marion Superior Court did not abuse its discretion in admitting evidence stemming from Walker’s arrest.  

Bryan L. Williams v. State of Indiana (mem. dec.) ​​​​​​​
18A-CR-739
Criminal. Affirms Bryan Williams’ conviction for Class A misdemeanor invasion of privacy. Finds the state did not fail to sufficiently rebut his mistake-of-fact defense. Also finds there was sufficient evidence to support the conviction. 

Anthony James Hood v. State of Indiana (mem. dec.)
45A04-1709-CR-2255
Criminal. Affirms Anthony Hood’s conviction for Class A felony manslaughter. Finds the Lake Superior Court did not abuse its discretion when it concluded that two witnesses were unavailable and admitted their deposition testimony into evidence. Finds the trial court did not abuse its discretion when it concluded two witnesses were unavailable and admitted their deposition testimony into evidence, admitted hearsay testimony or when denied Hood’s motion to correct error. 

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