Opinions Dec. 15, 2022

Keywords Opinions

Court of Appeals of Indiana
Jennifer R. Teising v. State of Indiana
22A-CR-548
Criminal. Reverses Jennifer R. Teising’s convictions of 21 counts of Level 6 felony theft. Finds the state failed to present sufficient evidence that Teising intended to abandon her Wabash Township domicile and establish a new residence elsewhere and that she, in fact, established said new residence. Also finds the Tippecanoe Superior Court erred in finding Teising guilty.

Paul Terrault and Gary Community School Corporation v. Jean-Christophe Scheere, et al.
22A-PL-914
Civil plenary. Affirms the entry of partial summary judgment in favor of Jean-Christopher Scheere in a dispute with Paul Terrault and Gary Community School Corporation. Finds the notice provision in the statute in question was directory rather than mandatory.

Justin L. Girdler v. State of Indiana (mem. dec.)
22A-CR-546
Criminal. Affirms Justin Girdler’s 30-year advisory sentence for Level 1 felony conspiracy to commit murder. Finds Girdler’s sentence is not inappropriately harsh.

Jonathan G. Hernandez v. State of Indiana (mem. dec.)
22A-CR-950
Criminal. Affirms Jonathan Hernandez’s sentence to 40 years, with two years suspended to probation, for his convictions of two counts of Level 1 felony rape. Finds the Elkhart Superior Court did not wrongfully prevent Hernandez from presenting evidence at his sentencing hearing. Also finds the trial court did not abuse its discretion in not giving Hernandez the benefit of alternative juvenile sentence. Finally, finds the sentence is not inappropriately harsh.

In the Matter of the Termination of the Parent-Child Relationship of E.M. (Minor Child) and R.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-1190
Juvenile termination of parental rights. Affirms the termination of mother R.H.’s parental rights to E.M. Finds the evidence is sufficient to sustain the termination of R.H.’s parental rights. Also finds R.H.’s due process argument is waived on appeal.

Edward M. Liggins v. State of Indiana (mem. dec.)
22A-CR-1250
Criminal. Affirms Edward Liggins’ sentence to an aggregate of 32 years executed for his convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony battery by means of a deadly weapon and Level 6 felony pointing a firearm at another. Finds the Elkhart Superior Court did not abuse its sentencing discretion. Also finds Liggins’ sentence was not inappropriate.

Shane K. Garrett v. State of Indiana (mem. dec.)
22A-CR-1263
Criminal. Affirms Shane K. Garrett’s conviction of Class B misdemeanor public intoxication and the revocation of his probation in a separate case. Finds the state presented sufficient evidence to support Garrett’s conviction. Also finds the Jay Superior Court did not abuse its discretion by finding that Garrett violated the terms of his probation.

Michael Henry Minix v. State of Indiana (mem. dec.)
22A-CR-1278
Criminal. Affirms Michael Henry Minix’s conviction of delivery of a Schedule III substance. Finds the state had the discretion to charge Minix under either the general statute prohibiting dealing in Schedule III substances or the specific statute pertaining to delivery of anabolic steroids. Also finds the Marshall Superior Court did not err in denying Minix’s motion to dismiss based on the argument that the state erred by charging him under the general statute.

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