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Jerry Wayne Smith v. State of Indiana
20A-CR-672
Criminal. Reverses Jerry Wayne Smith’s sentence for his conviction of Class A misdemeanor resisting law enforcement. Finds the 365-day sentence, with 185 days suspended to probation and 180 days served consecutive to the 277 days for a probation violation, is inappropriate. Remands to the Vermillion Circuit Court to impose a sentence of 365 days, with 20 days to serve and 345 days suspended to probation.
Landon Patrick Hill v. State of Indiana (mem. dec.)
20A-CR-597
Criminal. Affirms Landon Hill’s convictions of Level 5 felony carrying a handgun without a license, Level 6 felony theft and Class B misdemeanor possession of marijuana. Finds the evidence in Hamilton Circuit Court sufficient to affirm the convictions.
Jeffrey B. Flora v. State of Indiana (mem. dec.)
20A-CR-506
Criminal. Affirms Jeffrey Flora’s conviction in Wayne Superior Court of Level 5 felony causing death when operating a vehicle while intoxicated. Finds the evidence is sufficient to prove Flora was intoxicated.
Harvey James Hardin v. State of Indiana (mem. dec.)
19A-CR-2479
Criminal. Affirms Harvey Hardin’s conviction in Marion Superior Court of Level 6 felony escape and his adjudication as a habitual offender. Finds any alleged error in the admission of GPS evidence of his location harmless as other evidence shows Hardin failed to advise Marion County Community Corrections of a change of residence.
Joshua A. McClure v. State of Indiana (mem. dec.)
20A-CR-261
Criminal. Affirms Joshua McClure’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Affirms his aggregate 3½-year sentence for that conviction and his conviction of Level 6 felony resisting law enforcement, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia. Finds the sentence imposed in Elkhart Superior Court was not inappropriate and the evidence was sufficient to support the OWI conviction.
Robert M. Rogers v. State of Indiana (mem. dec.)
20A-CR-455
Criminal. Affirms Robert Rogers’ sentence of 12 years in prison with three years suspended handed down in Howard Superior Court, finding it is not inappropriate.
Andrew Romer v. Theresa Romer (mem. dec.)
20A-DC-651
Domestic relations with children. Affirms the Wells Superior Court order allowing Theresa Romer to move her child with Andrew Romer to Alaska. Affirms mother has a good-faith and legitimate reason for relocating. While noting the case is a close call on the issue of best interests of the child, cites precedent in deferring to the judgment of the trial court.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.H. and K.K. (Minor Children) and S.H. (Father) and J.K. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-750
Juvenile termination of parental rights. Affirms the termination of father S.H. and mother J.K.’s parental rights to their children, A.H. and K.K. Finds the record supports the Allen Superior Court’s findings, which support the termination.
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