Opinions Nov. 19, 2020

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Indiana Court of Appeals
Javan D. Brown v. State of Indiana
20A-CR-125
Criminal. Affirms Javan Brown’s aggregate 6½-year conviction for Level 5 felony reckless homicide and Class A misdemeanor dangerous possession of a firearm. Finds that Brown’s argument that the LaPorte Superior Court erred by excluding his mother from the courtroom fails. Also finds that the trial court did not err by allowing the jury to examine and pull the trigger on the firearm during deliberations. Finds the evidence is sufficient to sustain Brown’s conviction for reckless homicide, and finds both convictions do not constitute double jeopardy. Finds his sentence is not inappropriate and the trial court did not abuse its discretion in sentencing him.

Torence L. Jackson, Jr. v. State of Indiana
20A-CR-385
Criminal. Reverses Torence L. Jackson’s conviction of Class A misdemeanor forcibly resisting law enforcement. Finds insufficient evidence to support the “forcibly” element of the offense of resisting law enforcement. Also reverses the Marion Superior court’s imposition of a public defender fee without asking his ability to pay.

Michael Koetter v. State of Indiana
20A-CR-00504
Criminal. Affirms Michael Koetter’s conviction of six counts of Class D felony possession of child pornography, finding the evidence presented in Marion Superior Court was sufficient and his convictions do not violate the prohibitions against double jeopardy set forth in Article 1, Section 14 of the Indiana Constitution.

Todd M. Pieszchala v. Jamie Pieszchala (mem. dec.)
20A-DR-969
Domestic relation. Affirms the denial of Todd Pieszchala’s petition to modify child custody. Finds the LaPorte Superior Court did not err in concluding that father failed to meet his burden.

In re: The Matter of the Paternity of M.M., Mimory C. Steadman v. Christopher J. Myers (mem. dec.)
20A-JP-120
Juvenile paternity. Affirms the Allen Circuit Court’s order that in part awarded Christopher Myers sole legal and physical custody of his minor child with Mimory Steadman. Finds that Mother failed to create an adequate record. Judge Elaine Brown concurs in result with opinion.

John D. Messmore v. State of Indiana (mem. dec.)
20A-CR-916
Criminal. Affirms John D. Messmore’s conviction of Level 6 felony theft and 730-day sentence. Finds Messmore has failed to establish substantial virtuous traits or persistent examples of good character such that his sentence imposed in Johnson Superior Court warrants a downward revision.

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