Opinions Nov. 14, 2022

Court of Appeals of Indiana
Eric M. Seibel v. State of Indiana (mem. dec.)
22A-CR-269
Criminal. Reverses Eric M. Seibel’s conviction of Level 5 felony battery against a public safety official while engaged in the execution of official duties, resulting in bodily injury. Finds the Knox Superior Court committed reversible error by refusing Seibel’s tendered lesser-included offense instruction. Also finds the evidence is sufficient to support a conviction of the lesser-included offense. Remands to the trial court to vacate Seibel’s Level 5 felony conviction, enter a judgment of conviction on Level 6 felony battery on a public official and resentence him accordingly. Affirms Seibel’s Level 6 felony conviction of domestic battery.

Jayson J. Roberts v. State of Indiana (mem. dec.)
22A-CR-1198
Criminal. Affirms the revocation of Jayson Roberts’ probation by the Morgan Superior Court.  Finds the trial court did not abuse its discretion in admitting a police officer’s testimony into evidence. Also finds the trial court had sufficient evidence to establish Roberts’ identity.

In the Termination of the Parent-Child Relationship of: A.P., J.P., M.P., and L.P. (Minor Children), and B.P. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-1556
Juvenile termination of parental rights. Affirms the involuntary termination of father B.P.’s parental rights to his children, A.P., J.P., M.P. and L.P. Finds the Department of Child Services’ initial involvement was not unwarranted and did not deprive B.P. of any due process in the termination proceeding. Also finds there was a reasonable probability that the conditions that resulted in the children’s removal or the continued placement outside the home would not be remedied. Finally, finds termination was in the best interests of the children.

In the Termination of the Parent-Child Relationship of: R’n.Y., R’c.Y., A.Y. and K.Y. (Minor Children), and C.L. (Mother) and J.Y. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-836
Juvenile termination of parental rights. Affirms the termination of parental rights of mother C.L and father J.Y. to their children R’n.Y., R’c.Y., A.Y. and K.Y. Finds the Department of Child Service presented sufficient evidence to demonstrate that the continuation of the parent-child relationships between the mother and children poses a threat to children’s well-being; the reasons for the children’s continued placement outside the father’s home will not be remedied; and the termination of the parents’ parental rights is in the children’s best interests. Also finds the Lawrence Circuit Court’s order is not clearly erroneous.

N.J. v. State of Indiana (mem. dec.)
22A-JV-1220
Juvenile. Affirms the Randolph Circuit Court’s order modifying N.J.’s placement into the Department of Correction. Finds N.J. has not shown that the trial court committed fundamental error when it modified his placement.

B. Nichole Deaton v. State of Indiana (mem. dec.)
22A-CR-905
Criminal. Affirms the Shelby Superior Court’s denial of B. Nichole Deaton’s motion to suppress. Finds Deaton is asking the court to reweigh evidence, which it declines. Finds the state presented sufficient evidence of a traffic infraction. Also finds Deaton’s constitutional rights weren’t violated during a dog sniff. Finally, finds Deaton did not meet her burden of proof to show a violation of her federal or state search-and-seizure rights.

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