Opinions Jan. 20, 2020

Indiana Court of Appeals
Steven P. Smith v. State of Indiana
20A-CR-1014
Criminal. Affirms Steven P. Smith’s conviction of Level 6 felony operating while intoxicated and the finding that he was a habitual vehicular substance offender. Finds the Elkhart Superior Court did not abuse its discretion when it held the jury trial in Smith’s absence because Smith knowingly and voluntarily waived his right to be present. Also finds the trial court did not commit fundamental error when it informed prospective jurors that the court has personally advised Smith of the trial date a few weeks prior.

In the Matter of the Paternity of Sophia C. Spinks: Courtney Spinks v. David Matthew Roach (mem. dec.)
20A-JP-1423
Juvenile paternity. Affirms the grant of father David Roach’s petition to modify custody of his child with Courtney Spinks from joint physical and legal custody to legal and primary physical custody of the child to Roach. Finds the Monroe Circuit Court did not abuse its discretion when it denied Spinks’ motion for a second continuance. Also finds the trial court did not abuse its discretion in finding that granting Roach’s petition to modify custody was in the child’s best interests.

Joshua James Wozniak v. State of Indiana (mem. dec.)
20A-CR-947
Criminal. Affirms Joshua James Wozniak’s conviction of reckless homicide in LaPorte Superior Court. Finds the state presented evidence of probative value from which a reasonable jury could have determined beyond a reasonable doubt that Wozniak committed the offense of reckless homicide.

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