Opinions Dec. 1, 2022

Keywords Opinions

Court of Appeals of Indiana
Courtney Elizabeth Crabtree v. State of Indiana
21A-CR-2752
Criminal. Affirms the denial of Courtney Elizabeth Crabtree’s motion to suppress evidence found in her hotel room after a dog sniff. Finds the reasoning in Hoop v. State does not extend to these circumstances, so reasonable suspicion is not required here. Also finds that under the comprehensive three-factor balancing test in Litchfield v. State, the dog sniff was reasonable. Finally, finds that while the other evidence used to procure the search warrant was illegally obtained, the dog sniff and other evidence provided sufficient legally obtained information to support the issuance of a search warrant. Judge Elizabeth Tavitas concurs in result with separate opinion.

M.H. v. State of Indiana
22A-JV-1170
Juvenile. Affirms M.H.’s placement in the Department of Correction following his violation of the probation he was serving for a delinquency adjudication. Finds M.H. failed to provide argument based on the Indiana Supreme Court’s orders that expanded the availability of remote hearings and has not argued that he was prejudiced by the virtual proceedings that occurred, so he has not demonstrated fundamental error or a denial of due process by the Elkhart Circuit Court’s holding some hearings virtually. Also finds the trial court did not abuse its discretion in ordering M.H. to be a ward of the DOC when numerous less-restrictive services had not modified his behavior. 

In re the Adoption of Minor Child E.S.J.; J.T.J. and H.M.B. (Mother) v. B.J. (Father) (mem. dec.)
22A-AD-1033
Adoption. Affirms the order finding that father B.J.’s consent to the adoption of E.S.J. was required. Finds the Johnson Superior Court did not clearly err in concluding that the petitioners — stepfather J.T.J. and mother H.M.B. — did not meet their burden to establish that B.J. failed, without justifiable cause, to communicate significantly with E.S.J. when able to do so. Also finds the evidence and the trial court reached the same conclusion.

In the Matter of the Adoption of H.H. (Minor Child): E.F. v. B.H. (mem. dec.)
22A-AD-1154
Adoption. Reverses the dismissal of E.F.’s petition to adopt H.H. Finds the Johnson Superior Court clearly erred in finding E.F. presented “no evidence” of father B.F.’s expenses related to his ability to financially support H.H. Remands for the trial court to hold a new hearing, at which B.F. may present evidence rebutting E.F.’s claim that B.F. failed to support H.H.

E.C. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
22A-EX-1310
Agency action. Affirms the denial of E.C.’s request for pandemic unemployment assistance pursuant to the CARES Act. Finds the Review Board of the Indiana Department of Workforce Development did not err when it denied E.C.’s request because she was not eligible to receive PUA benefits during the challenged time frame.

Margareta Palmer v. State of Indiana (mem. dec.)
22A-CR-1445
Criminal. Affirms Margareta Palmer’s sentence to 2½ years in prison for Level 6 felony auto theft. Finds Palmer’s sentence is not inappropriate in light of the nature of the offense and her character given that her criminal history includes 20 convictions for either criminal conversion, theft or forgery.

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