Opinions Nov. 23, 2022

Keywords Opinions

Court of Appeals of Indiana
L.W. v. State of Indiana 
22A-JV-1138
Juvenile. Reverses the denial of L.W.’s. motion to suppress all evidence obtained in connection with a blood draw. Finds L.W. did not receive the protections mandated by Indiana Code § 31-32-5-1. Also finds that absent a valid consent or exigent circumstances, the state’s warrantless draw of L.W.’s blood violated her Fourth Amendment rights. Remands with instructions to grant L.W.’s motion to suppress. 

Angelito Mercado v. State of Indiana
22A-CR-459
Criminal. Affirms the denial of Angelito Mercado’s motion to suppress. Finds that while Article 1, Section 11 of the Indiana Constitution affords Hoosiers greater protection than the Fourth Amendment does under Heien v. North Carolina, Mercado is unable to demonstrate a violation of his rights in the initiation of the traffic stop in question. Also finds Mercado is unable to show reversible error in the purported omissions and misstatements in the officer’s probable cause affidavit. Chief Judge Cale Bradford concurs in result with separate opinion.  

Luis Angel Benitez v. State of Indiana  
22A-CR-1044 
Criminal. Affirms the termination of Luis Angel Benitez’s participation in a drug court program and an order from the Dubois Superior Court that he serve his previously suspended sentence in the Department of Correction. Finds the trial court did not abuse its discretion in terminating Benitez’s participation. Also finds review and revision under Indiana Appellate Rule 7(B) is not warranted.   

Iman C.L. Gregory v. State of Indiana (mem. dec.)
22A-CR-34
Criminal. Affirms Iman C.L. Gregory’s conviction of murder and her sentence to an aggregate of 73 years, with 70 years executed and three years on probation. Finds the Elkhart Circuit Court did not abuse its discretion when it admitted testimony from Sgt. Daniel Mayer and Sgt. Ryan Huff regarding what Devon Harbor told them about the crime while still at the scene of the crime because Harbor’s statements were excited utterances and the sergeants’ testimony recounting those statements did not constitute improper vouching. Also finds the state presented sufficient evidence to rebut Gregory’s claim of self-defense. Finally, finds Gregory’s sentence was not inappropriate based on the nature of her offense or her character.  

Bryan L. Jordan v. State of Indiana (mem. dec.)
22A-PC-339
Post-conviction. Affirms the denial of Bryan L. Jordan’s petition for post-conviction relief. Finds the post-conviction court did not err in determining that Jordan cannot demonstrate he was prejudiced by counsel’s decision not to move for suppression of the backpack that Jordan abandoned at the scene of the arrest. 

In the Termination of the Parent-Child Relationship of: P.B. (Minor Child), and R.O. (Father) v. Indiana Department of Child Services and Kids’ Voice of Indiana (mem. dec.)
22A-JT-640
Juvenile termination of parental rights. Affirms the involuntary termination of father R.O.’s parental rights to his daughter, P.B. Finds the Marion Superior Court did not clearly err in concluding that the conditions that led to P.B.’s removal and continued placement outside the home would not be remedied. Also finds R.O. has not established that he was denied due process. 

Marcos G. Ramirez v. State of Indiana (mem. dec.)
22A-CR-967
Criminal. Affirms Marcos Ramirez’s conviction of Level 4 felony child molesting. Finds sufficient evidence supports Ramirez’s conviction. 

Alvino S. Amaya v. State of Indiana (mem. dec.)
22A-CR-1242
Criminal. Affirms Alvino Amaya’s two convictions of murder. Finds Amaya has failed to demonstrate that the Lake Superior Court abused its discretion in the admission of voice identification testimony.  

Christopher Steven Pullin v. State of Indiana (mem. dec.)
22A-CR-1283
Criminal. Affirms Christopher Pullin’s conviction of Class A misdemeanor domestic battery. Finds sufficient evidence supports Pullin’s conviction. Judge Patricia Riley dissents with separate opinion.  

Jordan W. Dallie v. State of Indiana (mem. dec.)
22A-CR-1596
Criminal. Affirms Jordan Dallie’s sentence to an aggregate of 13 years executed for his convictions of three counts of felony burglary, pursuant to a plea agreement. Finds Dallie cannot complain of sentence illegality because he reaped the benefits of a plea agreement accepted by the Elkhart Superior Court.  

Perry Nickell v. State of Indiana (mem. dec.)
22A-CR-1707
Criminal. Dismisses Perry Nickell’s appeal of the revocation of her probation. Finds Nickell cannot raise on appeal her argument that the Marion Superior Court failed to establish a proper factual predicate for the admission of her probation violations. Remands with instructions for the trial court to correct a scrivener’s error in its sentencing order.  

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