Opinions Jan. 27, 2023

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Court of Appeals of Indiana
Akinfemiwa Akinribade v. State of Indiana
22A-CR-1757
Criminal. Affirms and reverses in part the order to disclose Afkinfemiwa Akinribade’s expert’s summary of the state’s crime lab report. Finds Akinribade waived any objection to the disclosure of the one page of the summary that he introduced into evidence at a deposition of the state’s DNA analyst. Also finds the state failed to make the requisite showing of either substantial need or exceptional circumstances to justify the disclosure of the remaining pages of the summary under Indiana Trial Rule 26(B). Remands for further proceedings. Judge Melissa May dissent with separate opinion.

Charles R. Knight, III v. State of Indiana
22A-CR-1361
Criminal. Affirms the denial of Charles Knight III’s motion to withdraw his guilty pleas and the order that he pay restitution to his former employer. Finds the Brown Circuit Court did not abuse its discretion.

Stephen J. Michael v. State of Indiana (mem. dec.)
21A-CR-2485
Criminal. Grants rehearing and affirms the Court of Appeals’ prior decision. Finds the Greene Circuit Court did not abuse its discretion when it denied Michael’s motion to sever the charges.

Hugh Scott, Jr. v. State of Indiana (mem. dec.)
22A-CR-1025
Criminal. Affirms and reverses in part Hugh Scott’s convictions of murder, Level 3 felony aggravated battery, Level 5 felony battery resulting in serious bodily injury and Level 6 felony arson and the finding that he is a habitual offender. Finds the Lake Superior Court did not abuse its discretion in denying Scott’s motion to sever or in admitting certain pieces of evidence during the guilt and habitual-offender phases of his trial. Also finds the state presented sufficient evidence to sustain the murder and arson convictions. Finally, finds the trial court erred by merging the battery convictions. Remands with instructions to vacate Scott’s conviction of battery resulting in serious bodily injury.

Delicia R. Collier v. State of Indiana (mem. dec.)
22A-CR-1372
Criminal. Reverses Delicia Collier’s convictions of Level 6 felony auto theft and Class A misdemeanor driving with a suspended license. Finds Collier did not personally waive her right to a jury trial, and the Marion Superior Court committed fundamental error when it conducted a bench trial. Remands with instructions to proceed to a new trial.

Alan Kreilein v. State of Indiana (mem. dec.)
22A-CR-1579
Criminal. Affirms the denial of Alan Kreilein’s motion to correct his sentence for his conviction of criminal deviate conduct as a Class A felony. Finds the Vanderburgh Superior Court did not err.

Rodney G. Sanders v. State of Indiana (mem. dec.)
22A-CR-1657
Criminal. Affirms Rodney G. Sanders’ conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Tippecanoe Superior Court did not abuse its discretion in determining that a Department of Natural Resources offer could offer certain testimony as a skilled witness pursuant to Indiana Evidence Rule 701.

In the Termination of the Parent-Child Relationship of: A.M. (Minor Child) and B.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-1893
Juvenile termination of parental rights. Affirms the termination of mother B.M.’s parental rights to A.M. Finds the Howard Circuit Court’s finding that the conditions that resulted in A.M.’s removal will not be remedied is supported by the record. Also finds the trial court did not err in finding that termination of B.M.’s parental rights was in A.M.’s best interests. Finally, finds the trial court did not err in finding that the Department of Child Services had a satisfactory plan in place for the care and treatment of A.M. because DCS intended to have A.M. adopted.

James Olaoye v. Galaxy International Purchasing LLC (mem. dec.)
22A-CC-1905
Civil collections. Reverses the grant of summary judgment in favor of Galaxy International Purchasing LLC and the $36,186.41 judgment against James Olaoye, plus interest. Finds Olaoye designated evidence sufficient to create a genuine issue of material fact. Remands for further proceedings.

Xavier D. Jones v. State of Indiana (mem. dec.)
22A-PC-1922
Post-conviction. Affirms the dismissal of Xavier D. Jones’ petition for failure to prosecute under Indiana Trial Rule 41(E). Finds the Madison Circuit Court did not err.

Christopher Clift v. State of Indiana (mem. dec.)
22A-CR-2095
Criminal. Affirms the denial of Christopher R. Clift’s motion to dismiss the state’s petition to revoke his probation. Finds the Dearborn Circuit Court did not err.

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