Opinions Nov. 20, 2019

Indiana Court of Appeals
Jarvis Peele v. State of Indiana
19A-CR-01160
Criminal. Reverses Jarvis Peele’s convictions of Level 6 felony possession of methamphetamine and two counts of Class A misdemeanor resisting law enforcement. Finds the Clark Circuit Court erred when it granted the state’s Criminal Rule 4(D) motion to continue Peele’s trial outside the timeframe required by his speedy-trial request. Finds Peele was entitled to discharge of the charges against him.

In the Matter of the Guardianship of Shirla Gonzalez Xitumul: Miguel Hernandez Jeronimo
19A-GU-948
Guardianship. Reverses the Decatur Circuit Court’s denial of an unopposed guardianship petition for Shirla Gonzalez Xitumul sought by her uncle, Miguel Hernandez Jeronimo. Finds the trial court erred in denying the petition because it found guardianship unnecessary in light of Hernandez’s foreign power of attorney over Shirla. Remands for proceedings.

Christopher S. Powell v. State of Indiana (mem. dec.)
18A-PC-2438
Post conviction. Affirms the denial of Christopher Powell’s petition for post-conviction relief. Finds the St. Joseph Superior Court did not clearly err when it determined that Powell had not received ineffective assistance from his counsel.

Tamara L. Lucas v. State of Indiana (mem. dec.)
18A-CR-3123
Criminal. Affirms Tamara Lucas’ five-year sentence imposed in Shelby Superior Court for conviction of Level 4 felony sexual misconduct with a minor. Finds Lucas’ sentence is not inappropriately harsh and declines the state’s invitation to dismiss Lucas’ appeal as untimely. Finds Lucas’ arguments are without merit.

In the Matter of the Termination of the Parent-Child Relationship of J.M. (Minor Child) and B.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1531
Juvenile termination. Affirms the termination of B.M.’s parental rights to her child, J.M., in Vanderburgh Superior Court. Finds the termination was not clearly erroneous.

Sierra Hill v. State of Indiana (mem. dec.)
19A-CR-1074
Criminal. Affirms Sierra Hill’s conviction of Class A misdemeanor criminal trespass. Finds there is sufficient evidence to support the Marion Superior Court conviction.

Benjamin M. Daniels v. State of Indiana (mem. dec.)
19A-CR-1534
Criminal. Affirms Benjamin Daniels’ aggregate four-year sentence for conviction of two counts of Level 6 felony battery against a public safety official. Finds the sentence handed down in Henry Circuit Court is not inappropriate in light of Daniels’ character.

Jacob R. Weaver v. State of Indiana (mem. dec.)
19A-CR-1054
Criminal. Affirms Jacob Weaver’s conviction of Level 5 felony domestic battery and Class A misdemeanor resisting law enforcement. Finds the evidence in Delaware Circuit Court is amply persuasive of Weaver’s guilt and comprises more than substantial evidence to support the convictions. Concludes Weaver may not receive relief under the incredible dubiosity rule.

Betty J. Richards v. State of Indiana (mem. dec.)
19A-CR-1315
Criminal. Affirms Betty Richards’ 12-year sentence for conviction of Level 3 felony dealing in methamphetamine. Finds Richards’ sentence imposed by the Ripley Circuit Court is not inappropriate in light of the nature of the offense and her character.

Emmanuel Arrington v. State of Indiana (mem. dec.)
19A-CR-94
Criminal. Affirms Emmanuel Arrington’s concurrent 40- and 12-year sentences for conviction of Level 1 felony attempted murder and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Arrington knowingly, intelligently, and voluntarily waived his right to counsel. Finds sufficient evidence to support Arrington’s convictions. Concludes the Howard Superior Court did not commit fundamental error or abuse its discretion in sentencing him.

Josiah L. Boyd v. State of Indiana (mem. dec.)
18A-CR-2492
Criminal. Affirms Josiah Boyd’s conviction of Level 1 felony attempted murder. Remands with instructions to vacate both of Boyd’s battery convictions, which the Madison Circuit Court merged with the attempted murder conviction for sentencing purposes. Finds a trial court’s act of merging, without also vacating a conviction, is not sufficient to cure a double jeopardy violation.

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