Opinions March 17, 2023

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Court of Appeals of Indiana

Megan LaVaughn Henderson v. State of Indiana
Criminal. Affirms Megan Henderson’s convictions for burglary, theft and battery resulting in bodily injury. Finds the Madison Circuit Court did not error in concluding that Henderson failed to establish an insanity offense. Judge Paul Mathias dissents with separate opinion.

Robert L. Meyer v. Eileen M. (Meyer) East
Domestic relations with children. Affirms and reverses in part the division of the marital estate in Robert Meyer’s dissolution of marriage from Eileen East. Finds the Dubois Circuit Court properly included Meyer’s inheritance, a grill and a ring as marital assets but erred by excluding a Parent Plus Loan liability from the marital estate. Also finds the trial court properly valued the marital residence but erred in valuing East’s INPRS pension. Remands with instruction to reconsider the property division and distribution method of the pension.

Kathryn Dircks and Barry Dircks v. Julie Camden and Camden & Meridew, P.C. (mem. dec.)
Civil plenary. Affirms the granting of Julie and Camden’s petition requesting attorney’s fees and costs. Finds the Boone Circuit Court did not abuse its discretion.

Pedro H. Rivera v. State of Indiana (mem. dec.)
Criminal. Affirms Pedro Rivera’s conviction of Level 6 felony intimidation and sentence of two years incarceration and one year in a work-release program. Finds Rivera failed to establish how a prosecutor’s statement was a fundamental error. Also finds the Dubois Circuit Court did not abuse its discretion.

Brione Jackson v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Brione Jackson’s motion to suppress. Finds the Hamilton Superior Court did not abuse its discretion.

Robert Y. Pike v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Pike’s convictions of two counts of Level 4 felony child molesting and 20-year sentence. Finds the Johnson Circuit Court did not commit fundamental error when it tendered instruction to the jury. Also finds the evidence is sufficient to support Pike’s convictions. Also finds the evidence does not support Pike’s claim that his offenses were continuous. Finally, finds Pike’s sentence is not inappropriate.

M.G. v. State of Indiana (mem. dec.)
Juvenile delinquency. Affirms the juvenile court’s modification of M.G.’s dispositional order and his placement in the Department of Correction. Finds the Madison Circuit Court’s order complies with the statutory requirements. Also finds M.G.’s placement in the DOC was not an abuse of discretion.

D.C. v. State of Indiana (mem. dec.)
Juvenile delinquency. Affirms the juvenile court’s order modifying D.C.’s dispositional decree and placing him in the Department of Correction. Finds the state gave sufficient notice of D.C.’s alleged violations. Also finds D.C.’s due process rights were not violated.

David Pike v. State of Indiana (mem. dec.)
Post conviction relief. Affirms the Vanderburgh Superior Court’s denial of David Pike’s petition for post-conviction relief. Finds Pike’s counsel did not act deficiently in refusing to object.

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