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David L. Searcy v. State of Indiana
No. 25A-CR-298
Criminal. Appeal from the Orange Circuit Court, Judge Steven L. Owen. Affirms Searcy’s 10 convictions for Level 5 felony possession of child pornography and his aggregate 60-year sentence. Holds sufficient evidence supports the convictions because the jury could reasonably infer Searcy knowingly possessed the images with intent to view them based on his control of the phone, contemporaneous text and internet activity and circumstantial evidence linking him to the device; also concludes the trial court did not err in admitting internet search evidence or in finding the seizure of the phone fell within the scope of the warrant. Further holds the trial court properly imposed consecutive sentences because the offenses — created on separate dates over nearly a year — did not constitute a single episode of criminal conduct, and the sentence is not inappropriate under Appellate Rule 7(B). Judge Weissmann authored the opinion. Judges Bradford and DeBoer concur. Appellant’s attorney: Matthew J. McGovern, Fishers, Indiana. Appellee’s attorneys: Office of the Indiana Attorney General.
Indiana Court of Appeals
Nicole Olbera, et al. v. Tiara Sykes
No. 25A-JP-2005
Juvenile. Appeal from the Marion Superior Court, Magistrate Daun A. Weliever. Reverses and remands with instructions. Holds the trial court erred in dismissing Demaj Baker’s paternity petition and in determining Sykes was the child’s legal parent because, although the marital presumption applied to Sykes as a same-sex spouse, that presumption is rebuttable and Baker presented clear and convincing evidence rebutting it by establishing his biological parentage and the absence of any enforceable sperm donor agreement relinquishing his parental rights; the court further concludes the trial court improperly treated the presumption as a rule of parentage rather than a rebuttable presumption. Judge DeBoer authored the opinion. Judges Brown and Altice concur. Appellants’ attorneys: Thomas Roberts, Roberts Law, Noblesville, Indiana; Georgia Dunkerley, Harshman Ponist Smith & Rayl, Indianapolis, Indiana. Appellee pro se: Tiara Sykes.
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