Opinions May 16, 2023

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Court of Appeals of Indiana
Kristopher M. Wainscott v. State of Indiana
Criminal. Affirms the denial of Kristopher Wainscott’s motion to suppress all evidence derived from the search warrant for his phone. Finds the warrant had already been executed by the seizure of the phone when the alleged victim partially recanted her allegations against Wainscott, so the state had no obligation to inform the magistrate judge of the partial recantation.

Porfirio Marin v. State of Indiana
Post-conviction relief. Affirms the Marion Superior Court’s denial of Porfirio Marin’s petition for post-conviction relief. Finds that by pleading guilty, Marin waived the right to challenge his conviction on the ground that he reasonably believed S.D. had been 16 years old on the date in question. Also finds Marin has failed to demonstrate ineffective assistance of counsel.

Kristian R. Jones v. State of Indiana (mem. dec.)
Criminal. Affirms Kristian Jones’ conviction for Class B misdemeanor criminal mischief. Finds sufficient evidence to support the conviction in the Marion Superior Court.

G.W. v. State of Indiana (mem. dec.)
Juvenile. Affirms G.W.’s commitment to the Indiana Department of Correction. Finds the Rush Circuit Court did not abuse its discretion. Remands for an amended dispositional order.

State of Indiana, ex rel. and D.F. (Mother) v. J.W. (Father) (mem. dec.)
Juvenile paternity. Affirms the St. Joseph Probate Court’s denial of mother D.F.’s modification request. Finds no clear error.

Ryan Wiedenhaupt v. Desiree Perry (mem. dec.)
Juvenile paternity. Affirms the Hamilton Superior Court’s denial of Ryan Wiedenhaupt’s request that the child’s surname be changed from the mother’s to his. Finds the trial court did not abuse its discretion.

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