Opinions Jan. 21, 2022

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Court of Appeals of Indiana
Joy Adebola Adewopo v. Cheedy Thomas Jaja (mem. dec.)
Domestic relations with children. Affirms the division of martial assets arising from the dissolution of the marriage of Joy Adebola Adewopo and Cheedy Thomas Jaja. Finds the Hendricks Superior Court did not abuse its discretion by including certain items in the marital pot, including a house, Adewopo’s property interest in her inherited properties in Africa and Jaja’s student loans. Also finds the trial court did not err by equally dividing the martial estate between the parties.

Nathan J. Pittman v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Nathan Pittman’s motion to dismiss a charge of child exploitation. Finds that reasonable jurors could potentially infer from the evidence alleged in the probable cause affidavit that Pittman acted with the requisite intent, i.e., the intent to satisfy or arouse the sexual desires of either himself or another individual when he recorded images of his stepdaughter. Also finds Indiana Code § 35-42-4-4 is not unconstitutionally vague.

Justin A. Tyson v. State of Indiana (mem. dec.)
Criminal. Affirms Justin Tyson’s convictions of Level 5 felony possession of a narcotic drug, Level 5 felony possession of methamphetamine, Level 6 felony possession of a controlled substance and Class A misdemeanor carrying a handgun without a license. Finds the impoundment of Tyson’s rental vehicle was proper. Also finds the Tippecanoe Superior Court properly admitted evidence found during an inventory search of the vehicle.

Robert Cook v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Cook’s sentence to an aggregate of 31 ½ years, with 1 ½ years suspended to probation for his convictions of two counts of Level 4 felony operating a vehicle causing death with a schedule I or II controlled substance in the blood, one count of Level 5 felony dealing in a narcotic drug and two counts of Level 6 felony possession of methamphetamine. Finds the Blackford Circuit Court did not err in imposing consecutive sentences that, together, exceed the statutory maximum set by Indiana Code § 35-50-1-2. Also finds Cook’s sentence is not inappropriate in light of the nature of his character and his offense. Finally, finds Cook’s assertion that he was remorseful is insufficient to establish that the trial court abused its discretion in failing to consider his remorse as a mitigating factor.

Amy Louise Davis v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Amy Louise Davis’ probation and the imposition of the balance of her previously suspended sentence. Finds the Cass Superior Court did not err in ordering Davis to serve the balance of her previously suspended sentence in the Department of Correction.

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