Opinions April 25, 2019

Keywords Opinions

Indiana Court of Appeals
Clark Allen Hill v. State of Indiana

18A-CR-2658
Criminal. Affirms Clark Hill’s conviction of Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more, and his adjudication as a habitual vehicle substance offender. Finds the Hamilton Superior Court did not subject Hill to double jeopardy, nor abuse its discretion in denying his motion to correct erroneous sentence. Finds Hill failed to show that the evidence and controlling precedent lead unerringly to a different result than the one reached by the trial court.

Kailee M. Smith and Jeffrey S. McQuary v. State of Indiana
18A-MI-1593
Miscellaneous. Reverses the Marion Superior Court’s grant of summary judgment in favor of the state of Indiana on Kailee Smith and Jeffrey McQuary’s claims. Finds the trial court erred in its decision because collateral estoppel did not apply; a genuine issue of material fact existed as to whether Department of Natural Resources conservation officer Scott Johnson was acting within the scope of his employment at the time of his actions; and the court could not decide summary judgment regarding whether Johnson’s acts were noncriminal because neither party had designated evidence on that issue. Remands for proceedings consistent with the opinion. Judge Patricia Riley concurs in result without a separate opinion.

Nicholas Pelissier v. State of Indiana
18A-CR-710
Criminal. Affirms Nicholas Pelissier’s aggregate 85-year sentence for conviction of murder and Level 1 felony attempted murder. Finds if the Lake Superior Court erred in the admission of a witnesses videotaped statement and his notation in the photographic line up that Pelissier was the shooter, any error was harmless because those pieces of evidence were cumulative of other properly admitted evidence. Finds Pelissier’s sentence was not inappropriate based on the nature of the crime or his character.

Demajio J. Ellis v. State of Indiana (mem. dec.)
18A-CR-1646
Criminal. Affirms Demajio Ellis' convictions of two counts of class A felony attempted murder and two counts of class C felony attempted robbery. Finds there is sufficient evidence to support the convictions a that the St. Joseph Superior Court did not commit fundamental error.

Ryan Scott v. State of Indiana (mem. dec.)
18A-CR-2709
Criminal. Affirms Ryan Scott’s 56-year sentence for conviction of murder and class A misdemeanor carrying a handgun without a license. Finds the sentence is not inappropriate in light of the nature of the offenses and his character.

Charles D. Grays v. State of Indiana (mem. dec.)
18A-CR-1994
Criminal. Reverses and remands the Elkhart Superior Court’s denial of Charles Grays’ request to represent himself. Finds Grays’ request to proceed pro se was timely and he knowingly, voluntarily, and intelligently waived his right to counsel. Vacates the trial court's judgment and remands for a new trial. Judge Patricia Riley dissents with a separate opinion.

Amy D. Martin v. Lawrence A. Maurer, et al. (mem. dec.)
18A-CT-2722
Civil tort. Affirms the Boone Circuit Court’s dismissal of Amy Martin’s declaratory action against her ex-husband Lawrence Maurer. Finds the dismissal was proper under Trial Rule 12(B)(8) irrespective of any alleged invited error.

Nicholas Taylor Custance v. State of Indiana (mem. dec.)
18A-CR-2627
Criminal. Affirms Nicholas Custance’s aggregate five-year sentence for conviction of Level 5 felony child solicitation and Level 6 felony possession of child pornography and the imposition of certain special conditions of probation for sex offenders. Finds his sentence is not inappropriate. Remands with clarification that Custance will be in violation of conditions 6 or 19 only if he acts with criminal culpability. Finds language of Condition 12 “unfairly overbroad” and remands for clarification.

Tywon D. Alexander v. State of Indiana (mem. dec.)
18A-CR-1638
Criminal. Affirms the Vigo Superior Court’s revocation of Alexander’s direct placement and order that he serve the balance of his five-year sentence in the Indiana Department of Correction. Finds there is sufficient evidence to support the revocation and that the trial court properly revoked Alexander's direct replacement.

L.F. v. State of Indiana (mem. dec.)
18A-JV-1914
Juvenile. Affirms L.F.’s adjudication for what would be Level 6 felony intimidation if committed by an adult. Finds L.F.’s challenges were either waived or moot, and that he has not demonstrated fundamental error regarding the Vigo Circuit Court’s pretrial decisions or the state’s motion to continue.

In the Matter of J.L., III, a Child Alleged to be a Delinquent Child v. State of Indiana (mem. dec.)
18A-JV-2529
Juvenile. Affirms J.L., III’s delinquency adjudications for acts that would have been class A misdemeanor battery resulting in bodily injury and class A misdemeanor dangerous possession of a firearm had they been committed by an adult. Finds there is sufficient evidence.

Tyrone L. Noble v. State of Indiana (mem. dec.)
18A-CR-1662
Criminal. Affirms the Lake Superior Court’s denial of Tyrone Noble’s motion to correct error, in which he alleged that he had been erroneously denied 1,562 days of pretrial credit time. Finds the trial court did not abuse its discretion in refusing to award Noble pretrial credit time and in denying his motion to correct erroneous sentence.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.B. (Minor Child) and A.B. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-633
Juvenile termination. Affirms the Knox Superior Court’s order involuntarily termination of A.B.’s parental rights to B.B. Finds the termination did not violate A.B.’s due process rights.

E.P. v. State of Indiana (mem. dec.)
18A-JV-2189
Juvenile. Affirms the Howard Circuit Court’s modification of disposition order committing E.P. to the Indiana Department of Correction. Finds the placement was not erroneous.

Michael Ray Gross v. State of Indiana (mem. dec.)
18A-CR-2303
Criminal. Affirms Michael Gross’ convictions of unlawful possession of a firearm by a serious violent felon, possession of methamphetamine and possession of paraphernalia. Finds there is sufficient evidence to support his conviction of unlawful possession of a firearm by a serious violent felon.

Erick W. Mack v. State of Indiana (mem. dec.)
18A-CR-1528
Criminal. Affirms Erick Mack’s conviction of class A felony and Level 1 felony child molesting. Finds there is sufficient evidence to support Mack’s convictions. Finds no abuse of discretion by the Madison Circuit Court in replaying victim testimony and that Mack did not demonstrate he is entitled to a mistrial.

Anthony Dwayne Jones v. State of Indiana (mem. dec.)
18A-CR-2609
Criminal. Affirms Anthony Jones’ convictions of Level 1 felony rape, Level 3 felony robbery resulting in serious bodily injury, Level 4 felony sexual battery, Level 5 felony kidnapping, Level 5 felony criminal confinement and Level 6 felony intimidation. Also finds Jones to be a habitual offender. Finds the habitual offender charging information is not insufficient as a matter of law.

Alfred Mattl v. State of Indiana (mem. dec.)
18A-CR-3033
Criminal. Affirms the Ripley Superior Court’s revocation of Alfred Mattl’s previously suspended sentence. Finds the trial court did not abuse its discretion.

Robert Stephone Currie v. State of Indiana (mem. dec.)
18A-CR-2728
Criminal. Affirms Robert Currie’s 24-year sentence for conviction of Level 2 felony voluntary manslaughter and Level 6 felony attempted obstruction of justice. Finds the Lake Superior Court did not abuse its discretion in sentencing Currie and that his sentence is not inappropriate in light of the nature of Currie’s offenses and his character.

E.M. v. State of Indiana (mem. dec.)
18A-JV-706
 Juvenile. Reverses and remands the Lawrence Circuit Court’s order that juvenile E.M.’s parents reimburse expenses and court costs totaling $7,997. Finds the trial court abused its discretion in in levying costs without a hearing and without consideration of statutory factors, including their ability to pay and whether reimbursement served the interest of justice.

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