Court of Appeals of Indiana
Joshua D. Clark v. State of Indiana
Criminal. Affirms the Hendricks Superior Court’s denial of Joshua Clark’s request for a jury instruction on the defense of entrapment. Finds the evidence does not indicate a civilian group was an apparent agent of law enforcement. Also finds Clark was not predisposed to commit child solicitation.
William R. Brittingham, III v. State of Indiana
Criminal. Affirms the Lake Superior Court’s denial of William Brittingham’s motion to dismiss. Finds the Successive Prosecution Statute does not bar the State from prosecuting Brittingham for alleged criminal acts against one victim even though he pled guilty in another case against a second victim. Remands for further proceedings
Robert L. Hiner v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Hiner’s convictions for Level 6 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia and the sentence imposed. Finds the Huntington Superior Court did not err when it allowed him to be tried in absentia. Also finds Hiner’s sentence is not inappropriate.
Roger L. Boyd, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Roger Boyd’s conviction for murder. Finds the Jay Circuit Court did not abuse its discretion in refusing to give Boyd’s tendered instructions on self-defense.
Justin R. Ohmer v. State of Indiana (mem. dec.)
Criminal. Affirms Justin Ohmer’s convictions for Level 1 child molestation, Level 4 child molestation and Level 5 criminal confinement. Finds Ohmer was not entitled to discharge under Criminal Rule 4(C). Also finds Ohmer’s constitutional rights to a speedy trial were not violated.
Paul Francis Rose v. State of Indiana (mem. dec.)
Criminal. Affirms Paul Rose’s aggregate sentence of 6 1/2 years for Level 5 felony possession of methamphetamine and Level 6 felony possession of methamphetamine. Finds the sentence from the Shelby Superior Court is not inappropriate.
Khauyl Asabere Hunter v. State of Indiana (mem. dec.)
Criminal. Affirms Khauyl Hunter’s 10-year sentence for Level 3 neglect of a dependent resulting in serious bodily injury. Finds the Vanderburgh Superior Court did not abuse its discretion. Also finds the sentence is not inappropriate.
Toya Enair Duerson v. State of Indiana (mem. dec.)
Criminal. Affirms Toya Duerson’s 14-year sentence for Level 4 felony dealing in a narcotic drug1 that was enhanced by his habitual offender adjudication. Finds the sentence is not inappropriate.
In the Matter of A.R.W. (Minor Child), Child in Need of Services, and R.W. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the Dearborn Circuit Court’s order adjudicating A.W. to be a child in need of services. Finds sufficient evidence to support the determination.
K.H. v. State of Indiana (mem. dec.)
Juvenile. Affirms the St. Joseph Probate Court’s dispositional order following his delinquency adjudication for conduct constituting class A misdemeanor resisting law enforcement and class B misdemeanor criminal mischief if committed by an adult. Finds the trial court did not abuse its discretion.
In Re: The Termination of the Parent-Child Relationship of S.B. and T.W. (Minor Children); S.D. (Mother) and C.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of the parent-child relationship with S.D. and C.B.’s daughter, S.B. Also affirms the termination of the parent-child relationship with S.D.’s son, T.W. Finds the clear and convincing evidence standard in termination cases does not violate the Due Course of Law Clause in the Indiana Constitution. Also finds sufficient evidence to support the termination of Father’s parental relationship with S.B.