Opinions Nov. 19, 2019

Indiana Court of Appeals
Termination: J W v. Indiana Department of Child Services
19A-JT-01298
Juvenile termination. Affirms the involuntary termination of J.W.’s parental rights to his daughter, G.F. Finds sufficient evidence to support the termination, concluding there was a reasonable probability that the continuation of the parent-child relationship would pose a threat to the well-being of G.F.

Chad A. Phipps v. State of Indiana (mem. dec.)
19A-CR-813
Criminal. Reverses the Clay Circuit Court’s revocation of community corrections and Chad Phipps’ subsequent placement in the Indiana Department of Correction. Remands, finding Phipps did not knowingly, voluntarily, and intelligently waive his right to counsel. Judge Robert Altice concurs in result without opinion.

James Hill v. State of Indiana (mem. dec.)
19A-CR-16
Criminal. Affirms James Hill’s conviction of murder in perpetration of robbery, but reverses his 47-year sentence and remands for resentencing in accordance with Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). Finds his original sentence did not comply with Blakely.

Samuel Jason Hofelich v. Kimberly Leann Hofelich (mem. dec.)
19A-DR-1351
Domestic relation. Affirms the modification of Samuel Hofelich’s child support obligation. Finds the Bartholomew Superior Court did not abuse its discretion by imputing an inappropriately low wage to Kimberly Hofelich in calculating his modified support obligation.

Reynaldo Amaro-Perez v. State of Indiana (mem. dec.)
19A-CR-1336
Criminal. Affirms Reynaldo Amaro-Perez’s three-year sentence for conviction of Level 5 felony battery by means of a deadly weapon. Finds that Amaro-Perez has not demonstrated that hardship on his dependents is both significant and clearly supported by the record or that the Cass Superior Court abused its discretion.

Caleb Kirk Singer v. State of Indiana (mem. dec.)
19A-CR-788
Criminal. Affirms Caleb Singer’s 55-year sentence for conviction of murder. Finds his sentence is not inappropriate and that the Vanderburgh Circuit Court did not abuse its discretion.

Dwight Teague v. State of Indiana (mem. dec.)
19A-CR-573
Criminal. Affirms in part Dwight Teague’s conviction of two counts of Level 2 felony dealing in a narcotic drug abd Class B misdemeanor possession of marijuana. Vacates Teague’s habitual-offender adjudication on the finding that Teague did not personally waive his right to a jury trial on the habitual-offender charge. Remands for a new trial on that charge.

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