Opinions April 8, 2020

Indiana Court of Appeals
Harold Warren v. State of Indiana
Post conviction. Affirms the Marion Superior Court’s denial of Harold Warren’s petition for post-conviction relief on Warren’s convictions of murder and Class B felony robbery and aggregate sentence of 85 years in prison. Despite defense counsel’s inadequate investigation of an alternative suspect or follow-up on a lead that another potential suspect’s fingerprints were at the scene, the panel cannot say there was a reasonable probability the outcome of Warren’s trial would have been different because of the overwhelming evidence of Warren’s guilt presented at trial.

Raquel Walters v. Brittany M. Corder, et al.
Trust. Affirms the Marion Superior Court’s grant of summary judgment in favor of Brittany M. Corder, Matthew T. O’Brien and Molly L. O’Brien on Raquel Walters’ lawsuit challenging their status as beneficiaries of a family trust because they were adopted out of the Walters family. Finds the children retain their status as trust beneficiaries, and Indiana Code section 31-19-15-1 does not operate to deprive children of a trust distribution in line with a settlor’s wishes if they are adopted out of a family after the settlor’s death

Alexander Regino Quintanilla v. State of Indiana
Criminal. Affirms Alexander Quintanilla’s conviction of Level 2 felony dealing in methamphetamine and his 20-year sentence, with 10 years executed. Finds officers did not violate Quintanilla’s constitutional rights when they stopped him for a traffic infraction, because Indiana’s turn-signal statute required him to signal his turn continuously for 200 feet, which he does not dispute he did not do. Also finds the Hendricks Superior Court did not exceed its authority when it considered the extraordinary quantity of drugs in Quintanilla’s possession when he was arrested. Finally, finds Quintanilla’s sentence is not inappropriate.

Sue Williams, Linda Wood, and Claude Wood, as the Co-Personal Representatives of the Estate of Rachel A. Wood, Deceased v. Indiana Department of Correction, Corizon, Inc., et al.
Civil tort. Grants rehearing to clarify that the Court of Appeals cannot consider Dr. Michael Mitcheff to be part of the proceedings, and that the court’s holding was that the Estate of Rachel A. Wood’s theory against Corizon Health is for direct liability under 42 U.S.C. § 1983, not liability under the doctrine of respondeat superior. Finds that the estate’s brief on appeal contained no argument that the designated evidence warranted reversal of the Marion Superior Court’s entry of summary judgment for Mitcheff. Also, the court’s holding against Corizon was that the designated evidence against Corizon met the standard under § 1983. Declines to consider an additional claim raised by the estate against the Department of Correction in the trial court but not raised by the estate or the DOC on appeal. Affirms the court’s original opinion in all other respects.

Timothy Allen Farris v. State of Indiana
Criminal. Affirms Timothy Farris’ convictions of Class A misdemeanor resisting law enforcement, Class B misdemeanors possession of marijuana and possession of paraphernalia, and Level 5 felony carrying a handgun without a license with a prior felony conviction. Finds the inventory search of his vehicle was proper under the Indiana Constitution and that the seizure was reasonable and did not violate Article 1, Section 11 of the Indiana Constitution.

Mario Hollins v. State of Indiana
Criminal. Affirms the 16-year aggregate sentence the Lake Superior Court imposed on Mario Hollins after he pleaded guilty to two counts of Level 4 burglary. The trial court did not abuse its discretion in considering mitigators nor is his sentence inappropriate.

In re the Termination of the Parent-Child Relationship of K.R.L.F., N.F., Kev.F., Ke.F., and Kr.F., (Minor Children) and A.F. (Mother), et al. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of A.F.’s parental rights to her five children. Finds the trial court did not err in finding termination was in the children’s best interests.

In Re: The Matter of the Termination of the Parent-Child Relationship of A.B. (Minor Child); L.B. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of the parent-child relationship between L.B. and her daughter A.B. Finds no abuse of the Lake Superior Court’s discretion and finds sufficient evidence to support the termination.

Kyjuan A. Phillips v. State of Indiana (mem. dec.)
Criminal. Affirms Kyjuan Phillips’ five-year sentence imposed after he pleaded guilty to Level 5 felony dealing in a narcotic drug. Finds the Lake Superior Court did not abuse its discretion in finding his guilty plea was not a mitigating factor.

K.B. v. State of Indiana (mem. dec.)
Juvenile. Affirms in part, reverses in part the Knox Superior Court’s modified disposition order awarding wardship of K.B. to the Indiana Department of Correction with placement at a juvenile facility. Finds that the juvenile court did not abuse its discretion by modifying its disposition order and ordering the placement of K.B. with the DOC. However, notes that the state acknowledges that the juvenile court improperly ordered K.B. to pay costs and fees without inquiring as to his or his parents’ ability to pay. Remands to the juvenile court to conduct an indigency hearing.

Marcus Conner v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Marcus Conner’s petition for post-conviction relief. Finds Conner’s trial attorneys did not perform deficiently by failing to raise a constitutional speedy trial objection to the delay in bringing Conner to trial. Finds the delay was justified, and Conner’s defense was not prejudiced as a result. Also finds Conner’s appellate counsel did not perform deficiently by failing to raise a sufficiency argument on direct appeal.

Andrew Thomas Kress v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of 5½-years of Andrew Kress’ suspended sentence and order sending him to the Department of Corrections. Finds that the trial court acted well within its discretion.

Ryann Buchanan v. Rhett Reed (mem. dec.)
Juvenile paternity. Affirms the denial of (mother) Ryann Buchanan’s motion requesting that (father) Rhett Reed pay a portion of their child’s college expenses and two motions for rule to show cause that father be held in contempt for failing to pay child support and for failing to pay his portion of the child’s uninsured medical expenses. Finds the trial court’s decision to deny mother’s motion and decline to find father in contempt was not contrary to law. Also finds the denial of her petition for an order of parental contribution to college expenses was not clearly erroneous.

Brian Eugene Moore v. State of Indiana (mem. dec.)
Criminal. Affirms Brian Moore’s convictions of Level 2 felony dealing in methamphetamine, Level 6 felonies unlawful possession of a syringe and maintaining a common nuisance, possession of marijuana as a Class B misdemeanor, and possession of paraphernalia as a Class C misdemeanor. Remands to vacate the judgment of conviction under Count II and to issue amended entries reflecting Moore’s actual sentences.

Karl G. Woodall v. State of Indiana (mem. dec.)
Criminal. Affirms Karl Woodall’s 63-year sentence for conviction of murder. Finds the Marion Superior Court did not abuse its discretion when it identified the aggravating and mitigating circumstances for sentencing.

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}