Opinions Dec. 18, 2023

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Court of Appeals of Indiana
Scott P. Nail v. State of Indiana (mem. dec.)
Criminal. Affirms Scott P. Nail’s conviction of Level 5 felony sexual misconduct with a minor. Finds Nail was not deprived of his right under the Indiana Constitution to present a defense nor has he persuaded the court his sentence is inappropriate.

Joseph J. Roth-Bradley v. State of Indiana (mem. dec.)
Criminal. Affirms the Allen Superior Court’s revocation of Joseph Roth-Bradley’s placement on probation. Finds the trial court did not violate Roth-Bradley’s due process rights when it revoked his placement on probation.

Joshua Adamson v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Adamson’s conviction of Level 3 felony rape and the enhanced sentence of 22 years. Finds in light of Adamson’s character and offense, his sentence is not inappropriate, nor will the appellate court invade the province of the jury and reweigh the evidence.

Anthony Hutchens v. State of Indiana (mem. dec.)
Criminal. Affirms the St. Joseph Superior Court’s decision to waive Anthony Hutchens into adult court for murder, felony murder and Level 3 felony child molesting. Finds it cannot say the juvenile court abused its discretion in waiving Hutchens to adult court.

Aaron Isby v. Richard Brown and Robert Carter Jr. (mem. dec.)
Miscellaneous. Affirms the denial of Aaron Isby’s petition for writ of habeas corpus. Finds Isby is not entitled to relief for discovery issues because he failed to avail himself of procedures set forth in trial rules and did not provide cogent reasoning supporting a discovery-related due process claim. Also finds Isby did not demonstrate that the Miami Circuit Court erred in denying the habeas petition.

HomeRiver Group v. Shantoria Wills (mem. dec.)
Eviction. Affirms the order denying a motion by HomeRiver Group to set aside a $3,000 judgment in favor of Shantoria Wills. Finds it cannot say the Madison Circuit Court’s decision was clearly against the logic and effect of the facts and inferences supporting the ruling.

In the Involuntary Termination of the Parent-Child Relationship of: A.S. and O.S. (Minor Children) and M.S. (Father) and M.A. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of M.S.’s parental rights to A.S. and O.S. and M.A.’s parental rights to O.S. Finds the Shelby Superior Court’s findings supported its conclusions that the conditions under which the children were removed from parents’ care would not be remedied and that termination of parental rights to the children was in the children’s best interest.

Kyle M. Davies v. State of Indiana (mem. dec.)
Criminal. Affirms Kyle M. Davies’s sentence following his convictions of Level 6 felony resisting law enforcement, Level 6 felony failure to return to lawful detention, two counts of Class C misdemeanor possession of drug paraphernalia and the finding that he is a habitual offender. Finds the Tippecanoe Superior Court did not abuse its discretion when it did not find Davies’s PTSD to be a mitigating factor at sentencing.

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