Opinions Feb. 20, 2019

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Indiana Court of Appeals
Jonathon Barthalow v. State of Indiana

18A-CR-1366
Criminal. Affirms Jonathon Barthalow’s conviction of Level 3 felony burglary. Finds there is sufficient evidence to support Barthalow’s conviction. Finds the Wayne Circuit Court did not commit fundamental error in failing to provide the jury with the definition of bodily injury.

Matthew Hostetler v. State of Indiana (mem. dec.)
18A-CR-265
Criminal. Affirms the imposition of Matthew Hostetler’s previously suspended sentence after his admission to violating his probation. Finds the Ripley Superior Court properly exercised its discretion in ordering Hostetler to serve a portion of his previously suspended sentence.

In the Matter of the Termination of Parental Rights of: I.M. (Minor Child) and B.S. (Mother) v. The Indiana Department of Child Services (DCS) (mem. dec.)
18A-JT-1878
Juvenile termination. Affirms the Jasper Circuit Court’s termination of B.S.’s parental rights to I.M. Finds the trial court did not err in the termination.  

Karen Gohler v. James A. Rea (mem. dec.)
18A-ES-1562
Estate. Affirms the St. Joseph Superior Court’s order denying Karen Gohler’s request to be appointed personal representative of the estate of her deceased mother and closing the estate. Finds the trial court did not apply improper statutes and that Gohler is not entitled to relief.

Kelly L. Gillespie v. State of Indiana (mem. dec.)
18A-CR-1542
Criminal. Affirms Kelly Gillespie’s aggregate 15-year sentence for convictions of Level 4 Felony dealing in methamphetamine and Level 6 felony maintaining a common nuisance. Finds there is sufficient evidence to support the convictions and that the convictions do not violate double jeopardy. Also finds the Orange Circuit Court did not err when it refused to consider certain mitigating factors. Concludes Gillespie’s sentence is not inappropriate.

John Lind v. Nancy (Lind) Mullen (mem. dec.)
18A-DR-1375
Domestic relation. Affirms the Howard Superior Court’s judgment in favor of Nancy Mullen against John Lind to enforce an award of retirement benefits in the amount of $56,626.58. Finds the trial court did not err in entering judgment in favor of Mullen.  

DeeDee Barnett v. State of Indiana (mem. dec.)
18A-CR-2569
Criminal. Affirms DeeDee Barnett’s 63-year sentence for conviction of murder. Finds his sentence is not inappropriate in light of the nature of the offense and his character.  

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: J.S. (Minor Child), and A.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2242
Juvenile termination. Affirms the termination of A.S.’s parent-child relationship with J.S. against his contentions that the Department of Child Services did not provide the statutorily required notice of the final termination hearing. Finds A.S. failed to preserve the issue on appeal.

Deion Orr v. State of Indiana (mem. dec.)
18A-CR-1141
Criminal. Affirms Deion Orr’s convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Marion Superior Court did not err in admitting evidence obtained from Orr’s cellphone.

Jose Angel Hernandez v. State of Indiana (mem. dec.)
18A-PC-1357
Post conviction. Affirms the denial of Jose Hernandez’s petition for post-conviction relief. Finds Hernandez did not receive ineffective assistance of trial counsel and that nothing in the record reflects Hernandez did not understand his Boykin rights.  

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