Opinions Feb. 26, 2020

Indiana Court of Appeals
William A. Brock v. State of Indiana (mem. dec.)
Criminal. Affirms William Brock’s conviction in Lawrence Superior Court of Level 5 felony failing to register as a sex or violent offender. Finds sufficient evidence to support the conviction.

In re: The Adoption of A.S., a minor child, S.J., and P.M. v. A.H. (mem. dec.)
Adoption. Affirms the LaPorte Superior Court’s denial of P.M. and S.J.’s motion to intervene and, in turn, their motions to correct error and for relief from judgment. Finds the trial court did not abuse its discretion in denying the motions to intervene, and absent the right to intervene, in denying the motions to correct error and for relief from judgment.

Marcus T. Govan v. State of Indiana (mem. dec.)
Criminal. Affirms Marcus Govan’s 30-year sentence for conviction of Level 3 felony rape, Level 3 felony attempted rape, Level 6 felony domestic battery, and Level 6 felony strangulation. Declines to second-guess the Allen Superior jury’s credibility determination.

James Patrick Duffy v. State of Indiana (mem. dec.)
Criminal. Affirms James Duffy’s aggregate 83½-year sentence for conviction in Floyd Superior Court of murder, Level 3 felony armed robbery and Level 6 felony auto theft. Finds any error in the exclusion of Wilson’s police interviews was harmless. Duffy’s sentence is not inappropriate in light of the nature of the offenses and his character.

Lyndale R. Ivy v. Keith Butts (mem. dec.)
Miscellaneous. Affirms the Jennings Superior Court’s grant of summary judgment in favor of Keith Butts on Lyndale Ivy’s complaint alleging false imprisonment. Holds that the trial court did not err when it entered summary judgment in favor of Butts on Ivy’s complaint.

M.S. v. C.R. (mem. dec.)
Adoption. Affirms the Fountain Circuit Court’s order denying M.S.’s petition for adoption. Finds newly discovered evidence does not alter the outcome of her case. Finds no error emanating from the trial court’s decision to deny adoptive mother’s motion to correct error.

Stephen C. Rainey v. State of Indiana (mem. dec.)
Post conviction. Affirms the Vanderburgh Superior Court’s denial of Stephen Rainey’s petition for post-conviction relief. Finds the post-conviction court did not err by denying the petition.

Michael J. Cochran v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Cochran’s convictions of two counts of Level 1 felony child molesting, two counts of Level 4 felony child molesting, Class B misdemeanor false informing, and his adjudication as a habitual offender. Holds Cochran’s jury trial waiver was made knowingly, voluntarily and intelligently. Finds Cochran has not satisfied his burden on appeal to show that the Tippecanoe Superior Court abused its discretion when it admitted into evidence his video-recorded statement to police.

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