Opinions Dec. 13, 2021

Court of Appeals of Indiana
Abram Lamar Glover v. State of Indiana  
Criminal. Affirms Abram Glover’s convictions for Level 6 felony strangulation and Level 6 felony domestic battery. Finds the Knox Superior Court did not abuse its discretion in how it regulated the form and substance of Glover’s jury selection or when it denied Glover’s motion for a mistrial and instead admonished the jury not to consider E.A.’s statement. Also finds the state’s comment in its opening statement was not prosecutorial misconduct and that it did not place Glover in “a position of grave peril to which he would not have been subjected otherwise.”

Nicklas Bunch v. State of Indiana (mem. dec.)
Criminal. Affirms Nicklas Bunch’s two-year sentence for Level 6 felony invasion of privacy. Finds the Miami Superior Court did not abuse its discretion when it failed to find any significant mitigating circumstances.

Paul Mark v. State of Indiana (mem. dec.)
Criminal. Affirms the Monroe Circuit Court’s sentencing of Paul Mark to nine years, with five years executed and four suspend to probation, for Level 5 felony robbery and Level 5 felony burglary. Finds the sentence is not inappropriate.

Kyle Rybolt v. State of Indiana (mem. dec.)
Criminal. Affirms the Madison Circuit Court’s imposition of a portion of Kyle Rybolt’s previously suspended sentence after he violated probation multiple times. Finds the trial court’s remand of Ryblot to the Department of Correction for three years was not an abuse of discretion.

Christopher R. Hale v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Hale’s conviction of Class B misdemeanor public intoxication. Finds the evidence that Hale walked across four lanes of traffic on State Road 37, barely able to hold himself up, is sufficient evidence.

Billie J. Minix v. State of Indiana (mem. dec.)
Criminal. Affirms Billie J. Minix’s aggregate sentence to 1,457 imposed in two cause numbers for battery, criminal mischief and resisting law enforcement. Finds the Pulaski Superior Court properly applied presentence credit time. Also finds the trial court’s May 21, 2021, order on credit time contains a scrivener’s error. Remands with instructions to correct that error.

Ronald Jeremy Kirkham v. State of Indiana (mem. dec.)
Criminal. Affirms the Tippecanoe Superior Court’s sentencing order requiring Ronald Kirkham to reimburse the costs incurred by law enforcement in extraditing him to Indiana after they arrested him in, and transported him from, Florida. Finds the trial court’s order to pay back expenses is considered reimbursement, not restitution. Also finds the trial court did not abuse its discretion.

Cleveland Bynum v. State of Indiana (mem. dec.)
Post-conviction relief. Affirms the denial of Cleveland Bynum’s successive post-conviction relief petition. Finds Bynum’s challenges to the PCR court’s findings fail.

Matthew Adam Tawdul v. State of Indiana (mem. dec.)
Criminal. Reverses the Steuben Circuit Court’s order for Matthew Tawdul to pay a $100 public defender fee after being convicted of Class A misdemeanor driving while suspended with a prior conviction. Finds that because none of the three statutory provisions support the imposition of the $100 fee, the trial court abused its discretion by ordering it. Remands for further proceedings.

Robert August Johnson Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Robert August Johnson Jr.’s conviction of Level 6 felony battery of a public safety official by bodily waste. Finds Johnson’s argument is an impermissible request to reweigh the evidence.

Guerby Bien-Aime v. State of Indiana (mem. dec.)
Criminal. Affirms Guerby Bien-Aime’s conviction of Class A misdemeanor resisting law enforcement and Class C operating a vehicle while intoxicated but reverses the imposition of consecutive sentences. Finds the state presented sufficient evidence for Bien-Aime’s conviction of resisting law enforcement but failed to state a reason for imposing consecutive sentences.  Remands for resentencing.

Daniel Grace v. State of Indiana (mem. dec)
Criminal. Affirms the revocation of Daniel Grace’s probation and the order that he serve the balance of his previously suspended sentence, 425 days, in the Ripley County Jail. Finds a preponderance of evidence shows that Grace violated the terms of his probation. Also finds the Ripley Superior Court did not abuse its discretion when it ordered Grace to serve the balance of his previously suspended sentence in the Ripley County Jail.

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