Opinions Dec. 11, 2018

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Indiana Court of Appeals 
Riley M. Randall v. State of Indiana

18A-CR-1574
Criminal. Affirms Riley Randall’s conviction for Level 3 felony robbery while armed with a deadly weapon. Finds the DeKalb Superior Court did not abuse its discretion in denying Randall’s proposed jury instruction on the duress defense because that defense was not available to Riley. 

Eshanya Walls v. Markley Enterprises, Inc.
18A-CT-266
Civil tort. Affirms the dismissal of Eshanya Walls’ complaint against Markley Enterprises, Inc., filed after she was injured while working at Markley allegedly due to the company’s negligence. Finds that under Indiana Code section 22-3-6-1(a), Walls was an employee of both Markley and Bridge Staffing, Inc. Also finds the Elkhart Superior Court properly dismissed Walls’ action under Indiana Trial Rule 12(B)(1) because Walls’ exclusive remedy rests with the Indiana Worker’s Compensation Act. 

Aaron A. Negash v. State of Indiana
18A-CR-840
Criminal. Affirms Aaron Negash’s convictions for Class A misdemeanor carrying a handgun without a license and Class A misdemeanor possession of a synthetic drug or lookalike substance. Finds the Marion Superior Court properly admitted evidence and that there was sufficient evidence to support the handgun conviction. Also finds the trial court did not err in ordering Negash to pay probation fees. Remands with instructions for the trial court to hold an indigency hearing upon the completion of Negash’s sentence.

Crosby Rayne Waller v. State of Indiana (mem. dec.)
18A-CR-1398
Criminal. Dismisses Crobsy Waller’s appeal of the revocation of his probation and the order for him to serve the remainder of his previously suspended sentence. Finds the Hamilton Superior Court erred in granting Waller leave to file a belated appeal. 

Jordan L. Langston v. State of Indiana (mem. dec.)
18A-CR-1649
Criminal. Affirms Jordan Langston’s 10-year sentence, with eight years executed and two years suspended to probation, for his convictions of Level 3 felony aggravated battery and Level 6 felony leaving the scene of an accident with serious bodily injury. Finds the sentence is not inappropriate in light of the nature of the offenses and his character.

Willie Langford v. State of Indiana (mem. dec.)
49A05-1711-CR-2653
Criminal. Affirms Willie Langford’s enhanced conviction for operating a vehicle with an alcohol concentration equivalent to at least 0.08 grams of alcohol but less than 0.15 grams of alcohol per 100 milliliters of blood, a Level 5 felony based on his previous conviction for operating a vehicle while intoxicated, causing death. Finds the Marion Superior Court did not abuse its discretion by admitting evidence from Langford’s OVWI death conviction. 

In the Matter of the Termination of the Parent-Child Relationship of J.H. (Minor Child); J.R. (Father) v. The Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
18A-JT-1040
Juvenile termination of parental rights. Affirms the termination of J.R.’s parent-child relationship with his son, J.H. Finds there is sufficient evidence to support the termination.

Willie M. Honer v. State of Indiana (mem. dec.)
18A-CR-1270
Criminal. Affirms Willie Honer’s conviction of Level 5 felony domestic battery and his two-year sentence. Finds there is sufficient evidence to support Honer’s conviction. Also finds the Allen Superior Court did not abuse its discretion in sentencing Honer and his sentence is not inappropriate. 

Edwin A. Castro v. State of Indiana (mem. dec.)
18A-CR-502
Criminal. Affirms Edwin Castro’s convictions for Level 6 felony domestic battery, Level 6 felony strangulation, Level 6 felony criminal confinement and Level 6 felony battery on a person less than 14 years old. Finds that any error in the admission of Castro’s recorded statement was harmless beyond a reasonable doubt. 

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