Opinions March 21, 2023

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Court of Appeals of Indiana
In the Matter of the Marriage of Emily G. McConnell v. Cedric J. Booker (mem. dec.)
Domestic relations with children. Affirms the Warrick Superior Court’s dissolution decree, which granted parenting time to Cedric J. Booker that deviated from the Indiana Parenting Guidelines. Finds the trial court did not abuse its discretion in its parenting time order or when it denied Emily McConnell’s motion to correct error.

Julio Serrano v. State of Indiana (mem. dec.)
Criminal. Reverses Julio Serrano’s adjudication as a habitual offender, which is part of his conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the state failed to present sufficient evidence to support the enhancement. Remands for resentencing.

Christopher Richardson v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Richardson’s sentence to an aggregate of 60 years for his convictions of two counts of Class A felony child molesting. Finds the Union Circuit Court did not err in ordering the sentences to be served consecutively. Also finds the sentence is appropriate.

P.H. v. State of Indiana (mem. dec.)
Juvenile. Affirms the LaGrange Circuit Court’s order committing P.H. to the Indiana Department of Correction. Finds no abuse of the juvenile court’s discretion. Judge Patricia Riley dissents with separate opinion.

C.S. v. State of Indiana (mem. dec.)
Juvenile. Affirms the Jay Circuit Court’s denial of C.S.’s Trial Rule 60(B) motion for relief from judgment, seeking relief from his delinquency adjudication for attempted Level 4 felony child molesting if committed by an adult. Finds the record does not establish that the waiver of C.S.’s rights prior to speaking with police was invalid, and his delinquency adjudication was not rendered void due to lack of advisements or express waiver thereof, so he was not entitled to relief under Trial Rule 60(B)(6). Also finds C.S. knew his rights and understood he was giving them up by admitting to the alleged conduct, so he has not established that he is entitled to relief under Rule 60(B)(8).

In Re: The Termination of the Parent-Child Relationship of L.K. (Minor Child); J.K. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the Allen Superior Court’s order terminating father J.K.’s parental relationship with L.K. Finds there is sufficient evidence to support the termination.

Jose Alfredo Ortiz v. State of Indiana (mem. dec.)
Post-conviction relief. Affirms the post-conviction court’s denial of Jose Alfredo Ortiz’s petition for post-conviction relief. Finds Ortiz has failed to meet his burden of showing that the post-conviction court erred.

Devon M. Tucker v. State of Indiana (mem. dec.)
Criminal. Affirms the Devon M. Tucker’s 12-year sentence for Level 3 felony armed robbery. Finds the Noble Circuit Court did not err in considering mitigators.

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