Opinions May 20, 2019

Keywords Opinions

Indiana Court of Appeals
Christian Morris v. State of Indiana (mem. dec.)

18A-CR-2414
Criminal. Affirms Christian Morris’ conviction of Level 6 felony domestic battery and Class A misdemeanor criminal trespass. Finds there is sufficient evidence to support the convictions.

Harry Truman Smith v. State of Indiana (mem. dec.)
18A-CR-2493.
Criminal. Reverses Harry Smith’s aggregate 16-year sentence with four years suspended for conviction of two counts of Level 4 felony child molesting. Finds the sentence is inappropriate in light of the nature of Smith’s offenses and his character because of Smith’s incompetence and dementia determination. Also finds Smith had no history of delinquent or criminal activity and had led a law-abiding life for a substantial period before the commission of the offenses. Remands for Smith’s sentences of eight years with two years suspended for each count to be served concurrently, not consecutively. Judge Melissa May dissents in a separate opinion, finding nothing inappropriate about Smith’s sentence.

Jovanni Torres v. State of Indiana (mem. dec.)
18A-CR-1643
Criminal. Affirms Jovanni Torres’ murder conviction. Finds the Lake Superior Court did not err in denying Torres the ability to call two witnesses. Finds that even if it was error to have excluded the witnesses, any such error was harmless given the wealth of evidence against Torres.

Joshua B. Stam v. State of Indiana (mem. dec.)
18A-CR-2873
Criminal. Affirms Joshua Stam’s 16-year sentence for conviction of Level 3 felony aggravated battery for assaulting a correctional officer during transport. Finds the sentence is not inappropriate in light of the nature of the offense and Stam’s character.

Denise M. Lechner v. State of Indiana (mem. dec.)
18A-CR-2351
Criminal. Affirms Denise Lechner’s 18-year sentence for conviction of Level 2 felony conspiracy to commit dealing in methamphetamine. Finds the sentence is not inappropriate in light of the nature of Lechner’s offense and her character.

Clark D. Johnson v. State of Indiana (mem. dec.)
18A-CR-1993
Criminal. Affirms Clark Johnson’s conviction for two counts of Level 2 felony dealing in cocaine, Level 6 felony operating a vehicle as a habitual traffic violator, Class A misdemeanor possession of marijuana, and his adjudication as a habitual offender. Affirms the Vanderburgh Circuit Court’s decision to admit evidence found as a result of the search warrant. Finds there is sufficient evidence to support the habitual offender adjudication.

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