Opinions Dec. 13, 2022

Indiana Supreme Court
Marquis David Young v. State of Indiana
22S-CR-306
Criminal. Affirms Marquis David Young’s convictions of murder and two counts of attempted murder. Finds a reasonable inference that Young was guilty as charged may be drawn from the whole picture of the evidence in this case.

Court of Appeals of Indiana
N.H. v. State of Indiana
22A-XP-1026
Expungement. Reverses the Elkhart Superior Court’s denial of N.H.’s motion to correct error, filed after the trial court granted his petition to expunge his criminal convictions and arrest records but omitted required language in its order granting expungement. Finds the trial court’s omission of language from Indiana Code § 35-38-9-10(c) in its order granting expungement constituted error. Remands with instructions for the trial court to reissue its order and either include the proper person language it omitted or exclude Paragraph 7 altogether.

Khalil Payne v. State of Indiana (mem. dec.)
21A-CR-2813
Criminal. Affirms Khalil Payne’s conviction of unlawful possession of a firearm by a serious violent felon as a Level 4 felony and the finding that he is a habitual offender. Finds the Tippecanoe Superior Court did not abuse its discretion when it provided the jury with a supplemental instruction on possession during deliberations.

In the Matter of the Termination of the Parent-Child Relationship of A.G., Mother, W.A.H., Father, and H.H., Minor Child, A.G. and W.A.H. v. Indiana Department of Child Services (mem. dec.)
22A-JT-879
Juvenile termination of parental rights. Affirms the termination of mother A.G. and father W.A.H.’s parental rights to H.H. Finds the Dearborn Circuit Court did not violate A.G.’s due process rights in its termination determination. Also finds the trial court’s judgment terminating the parental rights of both A.G. and W.A.H. was supported by clear and convincing evidence.

Gregory Vaughn, Jr. v. State of Indiana (mem. dec.)
22A-CR-1148
Criminal. Affirms Gregory Vaughn Jr.’s aggregate 13-year sentence for his convictions of Level 3 felony robbery, Level 5 felony battery and Class A misdemeanor invasion of privacy. Finds Vaughn has not shown that his 13-year sentence is inappropriate in light of either the nature of his offenses or his character.

In re the Termination of the Parent-Child relationship of: A.B., B.B., D.B., F.B., J.B. (Minor Children), and C.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-1357
Juvenile termination of parental rights. Affirms the termination of mother C.B.’s parental rights to her five children. Finds C.B. has not established any reversible evidentiary error. Also finds clear and convincing evidence supports the Madison Circuit Court’s order terminating C.B.’s parental rights to her children.

C.B. v. State of Indiana (mem. dec.)
22A-JV-1468
Juvenile. Affirms C.B.’s placement in the Indiana Department of Correction after she repeatedly violated the terms of her probation in three juvenile delinquency cases. Finds the juvenile court did not abuse its discretion.

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