Opinions Feb. 27, 2023

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Court of Appeals of Indiana
Benjamin Michael Veach v. State of Indiana
Criminal. Affirms Benjamin Veach’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the state proved the offense beyond a reasonable doubt. Also finds the Huntington Superior Court did not err in denying Veach’s motion for judgment on the evidence. Finally, finds the trial court did not abuse its discretion in instructing the jury.

Karen Fielder v. State of Indiana (mem. dec.)
Criminal. Affirms Karen Fielder’s convictions for leaving the scene of an accident and criminal mischief, both as a Class B misdemeanor. Finds the state presented sufficient evidence beyond a reasonable doubt to affirm Fielder’s convictions.

William Boles v. State of Indiana (mem. dec.)
Criminal. Affirms William Boles’ conviction of murder. Finds the evidence was sufficient. Also finds the prosecutor’s closing argument did not improperly invite the jury to draw a negative inference from Boles’ decision not to testify at trial.

Daymeis Jones v. State of Indiana (mem. dec.)
Criminal. Dismisses Daymeis’ Jones appeal of his sentence for rape, a Class A felony, criminal deviate conduct, a Class B felony and burglary, a Class B felony. Finds Jones failed to demonstrate that he was diligent in pursuing his right to appeal his sentence, so the Marion Superior Court abused its discretion in granting his petition to file a belated appeal.

Roger Lee Lollis, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Roger Lollis’ conviction of leaving the scene of an accident. Finds the state negated Lollis’ necessity defense.

A.P. v. State of Indiana (mem. dec.)
Juvenile. Affirms the Allen Superior Court’s finding that A.P. committed the delinquent act of dangerous possession of a firearm by a child. Finds the evidence is sufficient.

In the Termination of the Parent-Child Relationship of: L.C.R. and G.L.R. (Minor Children) and G.R.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother G.R.C.’s parental rights to L.C.R. and G.L.R. Finds the evidence clearly and convincingly supports the required findings under Indiana Code § 31-35-2-4(b)(2), and those findings clearly and convincingly support the judgment.

Frankie Allen Salyers v. State of Indiana (mem. dec.)
Post-conviction. Affirms the post-conviction court’s denial of Frankie Salyer’s petition for relief. Finds Salyers has failed to establish that his trial counsel was ineffective. Also finds Salyers has failed to establish that his appellate counsel was ineffective.

Timothy Mitchell, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy Mitchell’s conviction and sentence for dealing in methamphetamine, a Level 3 felony, and possession of methamphetamine, a Level 5 felony. Finds the Clark Circuit Court’s admission of the video recording did not violate Mitchell’s right to confront and cross-examine the witness under the Sixth Amendment. Also finds Mitchell’s sentence is not inappropriate in light of the nature of his offenses and his character.

Charles Hunter v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Hunter’s conviction of Level 6 felony theft of a motor vehicle component part. Finds the evidence is sufficient to support the conviction. Also finds any error in the admission of evidence was harmless.

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