Opinions Jan. 28. 2020

Indiana Court of Appeals
Termination: J H, et al. v. Child Advocates Inc, et al.
19A-JT-01549
Juvenile termination. Affirms the Marion Superior Court’s termination of J.H. and W.D.’s parental rights to their minor child, C.D. Finds the trial court did not clearly err in determining that there was sufficient evidence to support the termination of parental rights. Finds their right to consent to C.D.’s adoption was rightly terminated.

Carlos Enrique Roberson v. State of Indiana (mem. dec.)
19A-CR-1691

Criminal. Affirms Carlos Roberson’s adjudication as a habitual offender after a jury trial in Marion Superior Court. Finds Roberson has not met his burden on appeal to demonstrate reversible error on the issue of costs and fees imposed against him.

Rogdrick Vontrae Stewart v. State of Indiana (mem. dec.)
19A-CR-458
Criminal. Affirms Rogdrick Stewart’s conviction in Madison Circuit Court of Level 6 felony selling a vehicle with a destroyed, removed, altered, covered, or defaced identification number, and two counts of Class A misdemeanor impairment of identification. Finds sufficient evidence to support the conviction.

Antonio T. Sims v. Ron Neal (mem. dec.)
19A-MI-2032
Miscellaneous. Affirms the denial of Antonio Sims’ petition for habeas corpus. Finds the LaPorte Circuit Court did not abuse its discretion in denying the petition.

Marial Mabut Wel v. State of Indiana (mem. dec.)
19A-CR-1950
Criminal. Affirms Marial Wel’s advisory 55-year sentence for his murder conviction imposed in Clark Circuit Court. Finds Wel has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.

Jamal R. Smith v. State of Indiana (mem. dec.)
19A-CR-881
Criminal. Affirms Jamal Smith’s 30-year sentence for conviction of Level 2 felony dealing in a narcotic drug and Class B misdemeanor possession of marijuana. Reverses the Marion Superior Court’s habitual-offender finding and the 20-year enhancement imposed as a result.  Remands to the trial court for further proceedings.

In the Matter of J.C. and J.M. (Children Alleged to be in Need of Services) and M.M. (Mother); M.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-1243
Juvenile CHINS. Affirms the adjudication of J.C. and J.M. as children in need of services. Finds the Marion Superior Court did not err in its adjudication of the children as CHINS, among other things.

Sean Patrick Hogan v. State of Indiana (mem. dec.)
19A-PC-1057
Post conviction. Affirms the denial of Sean Hogan’s petition for post-conviction relief. Finds Hogan’s trial counsel’s performance in Allen Superior Court was not deficient or that Hogan was prejudiced, among other things.

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