Opinions Dec. 15, 2023

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Court of Appeals of Indiana
Cameron O’Brien Wade v. State of Indiana (mem. dec.)
23A-CR-274
Criminal. Affirms Cameron O’Brien Wade’s convictions of Level 5 felony domestic battery, Level 6 felony criminal confinement, Class A misdemeanor interference with the reporting of a crime and Class B misdemeanor disorderly conduct. Finds the Noble Circuit Court did not abuse its discretion by admitting evidence pursuant to a stipulation.

Carl Wayne Holland v. State of Indiana (mem. dec.)
23A-CR-756
Criminal. Affirms the revocation of Carl Wayne Holland’s placement in work release. Finds sufficient evidence to support the revocation. Remands to the Vanderburgh Circuit Court to award Holland additional credit time to which he is entitled.

Jared Andrew Walker v. State of Indiana (mem. dec.)
23A-CR-864
Criminal. Affirms Jared Walker’s conviction of Level 2 felony dealing in methamphetamine and his sentence. Finds there is sufficient evidence to sustain Walker’s conviction of Level 2 felony dealing in meth. Also finds his sentence is not inappropriate.

Shawn Michael Burkhart v. State of Indiana (mem. dec.)
23A-CR-903
Criminal. Affirms Shawn Michael Burkhart’s convictions of Level 6 felony killing a domestic animal, Class A misdemeanor cruelty to an animal, Class A misdemeanor unlawful possession of a firearm by a domestic batterer, Level 4 felony unlawful possession of a firearm by a serious violent felon and two counts of neglect of a dependent as Level 6 felonies. Finds the state presented sufficient evidence beyond a reasonable doubt to negate Burkhart’s claim of self-defense. Also finds the Grant Superior Court did not abuse its discretion in admitting the body camera footage.

Ajaninea Patterson v. State of Indiana (mem. dec.)
23A-CR-949
Criminal. Affirms Ajaninea Patterson’s conviction of Level 3 felony armed robbery. Finds there was sufficient evidence to support her conviction.

In Re: The Termination of the Parent-Child Relationship of D.L. and C.L.; A.L. (Mother) v. The Indiana Department of Child Services (mem. dec.)
23A-JT-994
Juvenile termination of parental rights. Affirms the termination of the parent-child relationship of mother A.L. with her two sons. Finds there is sufficient evidence to support the terminations.

John Edward Sims, Jr. v. State of Indiana (mem. dec.)
23A-PC-1175
Post-conviction relief petition. Affirms the Marion Superior Court’s denial of John Edward Sims Jr.’s petition for post-conviction relief. Finds Sims’ testimony and admissions during the guilty plea hearing belie his post-conviction efforts to deny being armed with a deadly weapon when committing a robbery. Also finds Sims has failed to show how he was prejudiced by the state’s failure to present a factual basis with regard to the habitual offender count at the guilty plea hearing. Finally, finds Sims did not receive ineffective assistance of counsel.

Gail and Larry Hicks v. American Family Mutal Insurance Company, S.I. (mem. dec.)
23A-CT-1263
Civil tort. Affirms the Lake Superior Court’s denial of Gail and Larry Hicks’ motion for judicial estoppel. Finds the trial court did not abuse its discretion in granting American Family Mutual Insurance’s motion to correct error and consequently denying the Hickses’ motion for judicial estoppel.

Christopher N. Peelman v. State of Indiana (mem. dec.)
23A-CR-1421
Criminal. Affirms Christopher N. Peelman’s eight-year sentence, with executed time at five years and three years suspended to probation, for Level 4 felony child solicitation. Finds Peelman has not met his burden to demonstrate that his sentence is inappropriate.

William Charles Summers, Jr. v. State of Indiana (mem. dec.)
23A-CR-1535
Criminal. Affirms William Charles Summers Jr.’s conviction of Level 6 felony domestic battery. Finds there was sufficient evidence to support the conviction.

Erik Anthony Smith v. State of Indiana (mem. dec.)
23A-CR-1752
Criminal. Affirms Erik Anthony Smith’s seven-year sentence for Level 4 felony leaving the scene of an accident resulting in catastrophic injury to another person. Finds Smith has failed to persuade the appellate court that a sentence authorized by his plea agreement and only one year above the advisory is inappropriate.

Gavin Christopher Combs v. State of Indiana (mem. dec.)
23A-CR-1756
Criminal. Affirms Gavin Christopher Combs’ conviction of Level 3 felony possession of a narcotic drug. Finds any error in the admission of the state’s evidence was harmless.

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