Opinions Feb. 13, 2019

February 13, 2019

Indiana Court of Appeals
State of Indiana v. D.R.

Juvenile. Affirms the Vigo Circuit Court’s denial of the state’s motion to waive D.R. to adult court on an allegation that he committed what would be Level 5 felony reckless homicide if committed by an adult. The trial court’s determination that D.R. overcame the presumption of waiver is not against the facts and circumstances of the case. Denies D.R.’s motion to dismiss the state’s interlocutory appeal, finding the state was permitted to appeal the denial of waiver under the circumstance of the case.

State of Indiana v. Dusten T. Vance
Criminal. Majority affirms the Delaware Superior Court’s grant of a motion to suppress evidence of cocaine and marijuana found after the execution of a search warrant on a residence after a controlled buy, finding that police did not have full control of the parties involved in purchasing drugs. Judge Cale Bradford dissents with opinion and would reverse the trial court, finding probable cause existed for the issuance of the search warrant.

Nicholas Dunkerson v. State of Indiana (mem. dec.)
Criminal. Affirms Nicholas Dunkerson’s convictions of Level 2 felony dealing methamphetamine and Level 3 felony possession of meth. Finds there is sufficient evidence to support his convictions. Finds that although the Marion Superior Court erroneously failed to give the jury a reasonable theory of innocence instruction, that error was harmless.

Michael Hale v. Ozark Capital Corporation (mem. dec.)
Civil collection. Affirms the Monroe Circuit Court’s denial of Michael Hale’s Indiana Trial Rule 60(B) motion for relief from judgment. Finds the trial court did not err in denying the motion.

Servadio Montel Boyd v. State of Indiana (mem. dec.)
Post conviction. Affirms the Vanderburgh Circuit Court’s denial of Servadio Boyd’s petition for post conviction relief. Finds the post conviction court properly denied Boyd’s petition. Also finds it did not err in denying Boyd’s motion to withdraw his guilty plea. Finds Boyd did not receive ineffective assistance of trial or PC counsel.

Joseph Esparza v. State of Indiana (mem. dec.)
Criminal. Affirms Joseph Esparza’s conviction of Class B felony sexual misconduct with a minor. Finds Madison Circuit Court did not commit fundamental error when it allowed the jury to hear unchallenged statements about his alleged flight from the jurisdiction. Finds there is no double jeopardy violation and there is sufficient evidence to support the convictions.

Zion Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Zion Smith’s aggregate 145-year sentence for conviction of murder and five counts of Level 1 felony attempted murder. Finds there is sufficient evidence to support Smith’s convictions. Finds his sentence is not inappropriate.