Opinions Feb. 8, 2023

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Court of Appeals of Indiana
Chad A. Keister v. State of Indiana
Criminal. Reverses in part Chad Keister’s conviction of two counts of child molesting, one as a Class C felony and one as a Level 4 felony. Finds the Warrick Circuit Court gave a jury instruction that was not supported by the evidence, which prejudiced Keister’s substantial rights. Remands with instructions to vacate Keister’s conviction of Count II and issue a new sentencing order on Count I only.

Shay Lloyd v. State of Indiana (mem. dec.)
Criminal. Affirms Shay Lloyd’s conviction of Level 6 felony unlawful possession of a syringe. Finds the Newton Superior Court was not obligated to dismiss the charge. Also finds the evidence to support Lloyd’s conviction was sufficient. Finally, finds prosecutorial misconduct either did not occur or was cured through an admonishment, and Lloyd waived any claim of judicial bias.

Eric M. Seibel v. State of Indiana (mem. dec.)
Criminal. Grants rehearing and amends the Nov. 14, 2022, opinion to conclude that because sufficient evidence existed to support Eric Seibel’s Level 5 felony conviction, the state may proceed to re-prosecute him on that charge should it so choose.

David J. Engstrom v. State of Indiana (mem. dec.)
Criminal. Affirms David Engstrom’s conviction of attempted murder and his 30-year sentence. Finds no error.

Sylvester Chison Okafor v. State of Indiana (mem. dec.)
Criminal. Affirms Sylvester Okafor’s sentence to 12 years in the Department of Correction for his conviction of Level 3 felony criminal confinement. Finds the sentence is not inappropriate.

Jeremy D. Brandon v. State of Indiana (mem. dec.)
Criminal. Affirms Jeremy D. Brandon’s conviction of Level 4 felony burglary. Finds the evidence is sufficient to support the conviction.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: S.A.B. and W.B. (Minor Children), and S.B. (Mother) and E.B. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother S.B. and father E.B.’s parental rights to S.A.B. Finds E.B. was not denied due process. Also finds the termination order is not clearly erroneous.

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