Opinions Feb. 9, 2023

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Court of Appeals of Indiana
Richard D. Talbott v. State of Indiana
Criminal. Affirms Richard Talbott’s convictions of Level 3 felony criminal confinement, Level 3 felony aggravated battery, Level 6 felony strangulation and Class A misdemeanor domestic battery. Finds the Jefferson Circuit Court did not err in denying Talbott’s motion for discharge under Criminal Rule 4(B). Also finds Talbott’s right to a speedy trial was not violated. Finally, finds the criminal information alleging Talbott committed criminal confinement adequately informed him of the charge, and the state presented sufficient evidence.

Tammi Clark v. Samer Mattar, M.D. (mem. dec.)
Civil tort. Affirms the Marion Superior Court’s judgment after a jury verdict in favor of Samer Mattar on Tammi Clark’s complaint for medical malpractice. Finds the limitation of Clark’s cross-examination of Mattar did not affect Clark’s substantial rights, so any error in the trial court’s evidentiary decision was harmless.

In re the Termination of the Parent-Child Relationship of C.H. (Child) and G.H. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of father G.H.’s parental rights to C.H.  Finds all but one of the challenged findings were supported by evidence and thus were not clearly erroneous.  Also finds Finding 19 was not supported by the evidence, but that error was harmless.

Brandon J. Hochstetler v. State of Indiana (mem. dec.)
Criminal. Affirms Brandon Hochstetler’s convictions of Level 3 felony possession of methamphetamine with the intent to deal, Class C misdemeanor possession of paraphernalia and Class C misdemeanor operating a vehicle with a schedule I or II controlled substance in his blood, and his aggregate 16-year sentence. Reverses Hochstetler’s convictions of Level 5 felony possession of meth and Class C misdemeanor operating a vehicle while intoxicated. Finds the state presented sufficient evidence to demonstrate that Hochstetler knowingly possessed meth and paraphernalia as charged in Counts 1 and 3. Also finds Hochstetler’s sentence is not inappropriate. Finally, finds the the Huntington Superior Court erred when it merged Hochstetler’s conviction on Count 2 into Count 1, and his convictions on Counts 4 and 5 violate the prohibition against double jeopardy. Remands with instructions to vacate Hochstetler’s convictions on Counts 2 and 4.

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