Opinions March 30, 2023

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Court of Appeals of Indiana
Indiana Board of Pharmacy, Donna S. Wall, Steven Anderson, Del Fanning, Winnie Landis, Mark Smosma, and Matt Balla v. Paul J. Elmer
Civil plenary. Reverses the Marion Superior Court’s entry of judgment against the appellants and the award of attorney fees to Paul Elmer. Finds the Indiana Board of Pharmacy and its members were acting in a quasi-judicial capacity and in good faith based on the known interpretation of Indiana Code § 34-52-1-1. Remands with instructions to enter judgment in favor of the appellants and to vacate the award of attorney fees to Elmer.

Joseph D. Cole v. State of Indiana (mem. dec.)
Criminal. Affirms Joseph Cole’s convictions of two counts of Level 1 felony child molesting and his 100-year sentence. Finds the evidence is sufficient. Also finds the Orange Circuit Court did not err in admitting an interview recording. Finally, finds Cole’s sentence is not inappropriate.

Walter B. White, Jr. v. State of Indiana (mem. dec.)
Post-conviction relief. Affirms the post-conviction court’s denial of relief for Walter White. Finds White has waived his freestanding claims, and waiver notwithstanding, both claims fail because they were only available to White on direct appeal. Also finds the post-conviction court did not err in rejecting White’s claim of ineffective assistance of counsel. Finally, finds White has not supported his claim that his post-conviction proceedings were conducted unfairly.

C.S. (Minor Child) And T.S. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the Howard Circuit Court’s order for father T.S. to pay child support. Finds the trial court did not abuse its discretion.

James D. Wooten, II v. State of Indiana (mem. dec.)
Criminal. Affirms James Wooten’s sentence of three years executed for Level 5 felony intimidation. Finds Wooten failed to persuade the appellate court that the sentence was inappropriate based on his character and the nature of the offense.

In re the Involuntary Termination of Parent-Child Relationship of Ke.T. and Ki.T (Minor Children) and L.T. (Mother) and M.T. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother L.T. and father M.T.’s parental rights. Finds Department of Child Services established by clear and convincing evidence that there is a reasonable probability that the continuation of the parent-child relationship poses a threat to the children’s well-being. Also finds the Wabash Circuit Court did not clearly err in finding it was reasonable and probable that L.T. did not and would not remedy the reasons for the children’s removal.

Sergio Diaz v. State of Indiana (mem. dec.)
Criminal. Affirms Sergio Diaz’s sentence of eight years executed for Level 4 felony criminal confinement. Finds Lake Superior Court did not abuse its discretion.

Michael R. Albertson v. State of Indiana (mem. dec.)
Criminal. Affirms the Bartholomew Superior Court’s denial of Michael Albertson’s motion to withdraw his guilty plea. Finds the trial court did not abuse its discretion.

Franklin Ralph Scott v. State of Indiana (mem. dec.)
Criminal. Affirms Franklin Ralph Scott’s convictions of Level 6 felony battery against a public safety official and Level 6 felony resisting law enforcement and his aggregate 780-day sentence. Finds the state provided sufficient evidence that Scott acted with the requisite intent to be found guilty of resisting officers and hurting them. Also finds Scott’s sentence is not inappropriate given the nature of his offense and his character.

Rodriguez S. Todd v. State of Indiana (mem. dec.)
Criminal. Affirms Rodriguez Todd’s convictions of Class A felony rape and Class A felony kidnapping and his 80-year sentence. Finds the Kosciusko Superior Court did not err when it denied Todd’s motion for discharge because the 71-day extension was attributable to him. Also finds the trial court did not abuse its discretion when it imposed consecutive sentences. Finally, finds Todd’s sentence is not inappropriate in light of the nature of the offenses or his character.

Jacob Josiah Mills v. State of Indiana (mem. dec.)
Criminal. Affirms Jacob Josiah Mills’ convictions for Level 6 felony forgery and Level 6 felony attempted theft. Finds there was sufficient evidence to support the convictions.

Gary M. Conner v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Gary Conner’s probation and the imposition of his previously-suspended sentence. Finds the Warren Circuit Court did not err in denying Conner’s motion to suppress. Also finds the trial court did not abuse its discretion in revoking Conner’s probation and imposing the balance of his previously suspended sentence.

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