Opinions April 26, 2022

Keywords Opinions

Court of Appeals of Indiana
Cordell D. Patterson, Jr. v. State of Indiana (mem. dec.)
21A-CR-1573
Criminal. Affirms Cordell D. Patterson Jr.’s conviction of murder and his 62-year sentence. Finds the Allen Superior Court did not abuse its discretion in limiting cross-examination to only the plea agreement reached by Montell Jones and the state. Also finds the trial court did not abuse its discretion in permitting Maria Williams to testify despite finding that she had violated a separation order. Finally, finds Patterson has not established that his sentence is inappropriate.

In the Matter of: D.H. and K.H. (Children in Need of Services), and M.W. (Mother) v. Indiana Department of Child Services, and Kids’ Voice of Indiana (mem. dec.)
21A-JC-2134
Juvenile CHINS. Affirms the determination that mother M.W.’s two children were children in need of services. Finds the judgment reached by the Marion Superior Court is not clearly erroneous.

L.L. and State of Indiana (mem. dec.)
21A-JV-2188
Juvenile. Affirms L.L.’s adjudication for committing an act that would be dangerous possession of a firearm as a Class A misdemeanor if committed by an adult. Finds the juvenile court did not abuse its discretion.

Kevin C.M. Peggs v. Hollee P. Peggs (mem. dec.)
21A-DC-2430
Domestic relations with children. Affirms the denial of Kevin Pegg’s motion to correct error, which challenged the property division in the dissolution of his marriage to Hollee Peggs. Finds Kevin has failed to demonstrate an abuse of the Rush Circuit Court’s discretion in its decision to retain all assets, however acquired, within the marital pot, and then divide those assets equally.

A.C. v. State of Indiana (mem. dec.)
21A-JV-2464
Juvenile. Reverses A.C.’s adjudication as a delinquent for acts that would constitute criminal mischief as a Class B misdemeanor if committed by an adult. Finds the state failed to present sufficient evidence to sustain A.C.’s criminal mischief adjudication. Remands to vacate the criminal mischief adjudication and corresponding sentence, and to correct the dispositional order to reflect that A.C. was found to have committed Level 5 felony escape, not a Level 6 felony.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: T.R. and A.A. (Minor Children) and H.A. (Mother) and T.R. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2550
Juvenile termination of parental rights. Affirms the termination of mother H.A.’s parental rights to A.A. and T.R. Finds the Indiana Department of Child Services established by clear and convincing evidence the requisite elements to support the termination of parental rights. Also finds the termination judgment is not clearly erroneous.

Danielle Vina Sallee v. State of Indiana (mem. dec.)
21A-CR-2726
Criminal. Reverses Danielle Sallee’s conviction for possession of paraphernalia as a Class C misdemeanor. Finds the state failed to present evidence at trial that the grinder could be used to introduce marijuana into Sallee’s body.

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