Opinions April 11, 2022

Keywords Opinions

Court of Appeals of Indiana
Lisa Rose Fedij v. State of Indiana
21A-CR-1481
Criminal. Reverses Lisa Rose Fedji’s conviction of Class A misdemeanor possession of marijuana but affirms her conviction of Class C misdemeanor possession of paraphernalia. Finds that the Hamilton Superior Court abused its discretion when it admitted the writing and symbols from packages in Fedij’s possession into evidence under the market reports exception to hearsay, Evidence Rule 803(17). Also finds insufficient evidence to support Fedij’s Class A misdemeanor conviction, but sufficient evidence supports the Class C misdemeanor conviction. Remands with instructions for the trial court to vacate Fedij’s conviction and sentence for the Class A misdemeanor conviction.  

Sanchez Stephens v. State of Indiana (mem. dec.)
21A-CR-2073
Criminal. Affirms Sanchez Stephens’ conviction of battery resulting in bodily injury to a public safety official as a Level 5 felony. Finds the Miami Superior Court’s decision to allow Stephens to waive counsel and represent himself was not clearly erroneous.

In re the Termination of the Parent-Child Relationship of: A.Q., I.Q., and V.J., Jr. (Children), and P.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2029
Juvenile termination of parental rights. Affirms the termination of mother P.M.’s parental rights to her minor children A.Q., I.Q and V.J. Finds there is clear and convincing evidence that the conditions of the home won’t be remedied and that removal is in the best interests of the children. Also finds the Department of Child Services has clearly and convincedly created a satisfactory plan for the care and treatment of the children.

In re the Termination of the Parent-Child Relationship of: G.T. (Child) and A.G. (Mother) and T.T. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2350
Juvenile termination of parental rights. Affirms the termination mother A.G. and father T.T.’s parental rights to G.T. Finds clear and convincing evidence supports the Randolph Circuit Court’s judgment termination A.G. and T.T.’s parental rights. Also finds T.T. waived his claim concerning the trial court’s lack of consideration for the effect the COVID-19 pandemic had on the parents’ ability to remedy the conditions that led to G.T.’s removal from their care.

Steven E. Ingalls, Jr. v. State of Indiana (mem. dec.)
21A-PC-2050
Post-conviction. Affirms the denial of post-conviction relief for Steven E. Ingalls Jr. Finds the post-conviction court didn’t err in denying Ingalls’ motion for change of judge. Finds the trial court did not err in denying Ingalls’ motion for change of judge. Also finds Ingalls hasn’t demonstrated that his counsel was deficient, that he was prejudiced or that the alleged errors together require reversal for his ineffective trial counsel claims. Finally, finds Ingalls hasn’t demonstrated his appellate counsel was ineffective or that reversal is warranted.

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