Opinions Feb. 3, 2023

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Court of Appeals of Indiana
Kimberly Binney v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Kimberly Binney’s motion to withdraw her guilty plea without a hearing. Finds convening a hearing on a presentencing motion to withdraw a guilty plea is within a trial court’s discretion.

Anthony Owens v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony Eugene Owens’ convictions of Level 3 felony robbery and Level 4 felony unlawful possession of a firearm by a serious violent felon and his sentence to an aggregate of 26 years, with two years suspended to probation. Finds the Marion Superior Court did not commit fundamental error in giving Preliminary Instruction 5. Also finds the evidence was sufficient. Finally, finds Owens’ sentence is not inappropriate. Remands with instruction to correct an error in the written sentencing order.

Kyler Butler v. State of Indiana (mem. dec.)
Criminal. Affirms Kyler Del Butler’s convictions of Level 3 felony aggravated battery and Level 6 felony criminal recklessness and his enhanced sentence of 45 years. Finds the Posey Circuit Court did not err by admitting into evidence various communications Butler made while incarcerated. Also finds there is sufficient evidence to support Butler’s Level 3 felony aggravated battery conviction. Finally, finds the trial court did not err in ordering Butler’s sentencing enhancements to run consecutively.

Justin M. Blake v. State of Indiana (mem. dec.)
Criminal. Affirms Justin Blake’s convictions of Level 5 felony robbery and murder. Finds the Morgan Superior Court did not abuse its discretion in its handling of the discovery violation or the accomplice liability jury instruction. Also finds Blake’s convictions do not constitute double jeopardy.

Damonte Lavon Roberts v. State of Indiana (mem. dec.)
Criminal. Affirms Damonte Lavon Roberts’ conviction of unlawful possession of a firearm by a serious violent felon as a Level 4 felony. Finds the Marion Superior Court properly found that the corpus delicti rule was satisfied, and there was no abuse of discretion in admitting Roberts’ pretrial statement into evidence. Also finds there was substantial evidence of probative value from which the trial court could find beyond a reasonable doubt that Roberts knowingly possessed a handgun in violation of Indiana Code § 35-47-4-5(c).

Ray L. Fox v. State of Indiana (mem. dec.)
Criminal. Affirms Ray L. Fox’s sentence to six years for his conviction of Level 4 felony dealing in methamphetamine. Finds Fox failed to preserve the issue of whether the Johnson Superior Court erred by not granting his “request to review discovery,” and even if the issue was preserved, he has not shown that the trial court erred.

Kenneth J. Lawless v. State of Indiana (mem. dec.)
Criminal. Affirms Kenneth J. Lawless’ convictions of Level 3 felony neglect of a dependent and Level 5 felony domestic battery. Finds Lawless has failed to demonstrate the insufficient of the evidence to disprove his claim of self-defense.

Anthony Wandel v. Marsanne Wandel (mem. dec.)
Domestic relations with children. Affirms the property division in the dissolution of the marriage of Anthony and Marsanne Wandel and the order that Anthony pay $300 monthly as child support arrearage. Finds Anthony has failed to show, prima facie, that the Madison Circuit Court abused its discretion in dividing the marital estate or in determining his child support obligation.

In the Matter of the Termination of the Parent-Child Relationship of B.L., Father, K.L., Mother, and T.L., Child, B.L. and K.L. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father B.L. and mother K.L.’s parental rights to T.L. Finds the juvenile court did not err.

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