Opinions Dec. 4, 2023

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Court of Appeals of Indiana
Charles Andrew Wenner v. Gehrid Hensley, et al.
23A-SC-973
Small claims. Affirms the small claims judgment issued in Monroe Circuit Court against landlord Charles Andrew Wenner and in favor of tenants Hayen Johnson, Gehrid Hensley and Quinn Kaiser. Remands for a determination of appellate attorney fees to be awarded to tenants. Finds Wenner’s procedural bad faith in his appeal rises to the level of egregiousness for which appellate attorney fees are warranted.

Meleeka Clary-Ghosh v. Michael Ghosh (mem. dec.)
23A-DC-1049
Domestic relations with children. Affirms the Madison Circuit Court’s denial of Meleeka Clary-Ghosh’s motion for relief from judgment and Michael Ghosh’s request for additional attorney fees. Finds the trial court did not abuse its discretion by denying Meleeka’s motion for relief from judgement nor did it abuse its discretion by denying Michael’s request for additional attorney fees.

Sierra M. Hernandez v. State of Indiana (mem. dec.)
23A-CR-188
Criminal. Affirms Sierra M. Hernandez’s conviction in Allen Superior Court for Roderick Patterson’s murder. Finds no violations of Hernandez’s Sixth Amendment rights. Also finds the court’s decision to disallow evidence of Alexis Nelson’s telephone number was harmless beyond a reasonable doubt given the ample evidence connecting Hernandez to the crime.

Martin Andrade-Gutierrez v. State of Indiana (mem. dec.)
22A-CR-2902
Criminal. Affirms Martin Andrade-Gutierrez convictions of Level 2 felony dealing in methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the Tippecanoe Circuit Court did not commit reversible error in admitting into evidence statements Andrade-Gutierrez made during the traffic stop and at the police station or the drugs and paraphernalia found in the search of his apartment.

In re the Termination of the Parent-Child Relationship of J.G. and W.G. (Minor Children) and C.G. (Mother) and L.G. (Father): C.G. (Mother) and L.G. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1402
Juvenile termination of parental rights. Affirms the termination of C.G. and L.G.’s parental rights to their minor children. Finds the evidence supports the Adams Circuit Court’s conclusion that termination is in the children’s best interests.

Shane E. Durham v. State of Indiana (mem. dec.)
23A-PC-760
Post-conviction relief. Affirms the denial of Shane Durham’s petition for post-conviction relief. Finds the Fayette Superior Court didn’t clearly err by rejecting Durham’s ineffective assistance of counsel claim.

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