Opinions April 22, 2022

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The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
In the Matter of Jared M. Thomas
Discipline. Disbars Jared M. Thomas. Approves the agreement between Thomas and the Indiana Supreme Court Disciplinary Commission. Finds Thomas engaged in attorney misconduct by criminally mismanaging his trust account, forging a judge’s signature and falsifying at least one document.

Friday opinions
Court of Appeals of Indiana
Biodynamic Extraction, LLC d/b/a Biodynamics Extract, LLC v. Kickapoo Creek Botanicals, LLC
Civil tort. Affirms the denial of Biodynamic Extraction LLC d/b/a Biodynamic Extract LLC’s motion to set aside judgment pursuant to Indiana Trial Rule 60(B)(1), which affirmed summary judgment in favor of Kickapoo Creek Botanicals. Finds the Marion Superior Court did not abuse its discretion by denying BDX’s motion to set aside the default judgment entered against it. 

Jeremy A. Walters v. Jamie E. Walters
Domestic relations with children. Affirms and reverses in part the child support order entered pursuant to the dissolution of the marriage of Jeremy and Jamie Walters. Finds the Fountain Circuit Court’s determination that Jeremy was voluntarily underemployed was supported by the evidence and was not clearly erroneous. Remands for a hearing on Jeremy’s prevailing job opportunities and earnings level in the community.

Dominick D.L. Conley v. State of Indiana (mem. dec.)
Criminal. Affirms Dominick D.L. Conley’s conviction of Level 3 felony rape. Finds the Hamilton Circuit Court did not abuse its discretion by giving jury instruction No. 9 regarding the word “force.”

Marvin Leeric Sykes, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Marvin Leeric Sykes Jr.’s conviction of sexual misconduct with a minor as a Level 4 felony. Finds the St. Joseph Superior Court did not abuse its discretion in admitting testimony from nurse Ashely Crawford or in admitting a statement from Sykes. Also finds Sykes has waived his challenge to a jury unanimity instruction, and he has not established fundamental error.

In the Matter of Kod.F., Kor.F., and Kry.F. (Minor Children), Children in Need of Services, and J.F. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of mother J.F.’s children, Kod.F., Kor.F. and Kry.F., as children in need of services. Finds the evidence is sufficient to support the CHINS determination.

Joshua S. Deck v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Deck’s sentence to five years in the Indiana Department of Correction for his conviction of domestic battery, having a prior conviction involving the same victim, as a Level 5 felony. Finds Decks’ sentence is not inappropriate given the nature of his offense and his character.

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