Opinions Dec. 22, 2020

Indiana Court of Appeals
Michael Wisdom v. State of Indiana
20A-CR-931
Criminal. Affirms Michael Wisdom’s 16-year sentence for his conviction of Level 4 possession of a schedule II narcotic drug and a gang-related sentencing enhancement. Finds Wisdom was not twice prosecuted for the same offense in violation of the Indiana Constitution. Also finds the Vanderburgh Circuit Court did not abuse its discretion by admitting into evidence posts from Facebook and Instagram.

William Thomas Thompson v. Lora Lou Wolfram
19A-DR-2622
Domestic relations. Affirms the St. Joseph Superior Court’s dissolution order for William Thomas Thompson and Lora Lou Wolfram. Finds the trial court did not err in interpreting the prenuptial agreement and properly divided Thompson’s 401(k) and IRA accounts. Judge Melissa May dissents in separate opinion.

Talon Roper v. State of Indiana (mem. dec.)
20A-PC-156
Post conviction. Affirms the post-conviction court’s order denying Talon Roper’s petition for post-conviction relief. Finds Roper waived the first and third issues listed in his brief, as he failed to articulate any cogent argument related to those claims relating to the denial of his motion for extension of time without a hearing and the denial of his PCR petition. Also finds he waived his contentions regarding the denial of his motion for discovery by failing to cite relevant legal authority to support those contentions. Waiver notwithstanding as to the discovery issue, finds the post-conviction court did not abuse its discretion when it denied Roper’s motion for discovery.

Kenneth Moore v. State of Indiana (mem. dec.)
20A-CR-734
Criminal. Affirms Kenneth Moore’s convictions of two counts of child molesting, a Level 1 felony and a Level 4 felony. Finds sufficient evidence to support the Level 1 felony conviction.

Phillip Epperly v. State of Indiana (mem. dec.)
19A-CR-170
Criminal. Affirms Phillip Epperly’s six-year sentence for his conviction of Level 5 felony reckless homicide. Finds the Tipton Circuit Court did not abuse its discretion or enter an inappropriate sentence.

Mack Arthur Giles III v. State of Indiana (mem. dec.)
20A-CR-1408
Criminal. Affirms Mack Giles III’s four-year sentence for his conviction of Level 5 felony neglect of a dependent after he broke the wrist of a child entrusted to his care, delayed reporting the injury and falsified a written report of the abuse. Finds Giles has failed to demonstrate his sentence is inappropriate.

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