Opinions Nov. 29, 2021

Indiana Court of Appeals
Cole G. Strack v. State of Indiana
Criminal. Affirms Cole Strack’s six-year sentence, with two years suspended, for convictions of operating a vehicle while intoxicated and possession of marijuana. Finds the Wells Superior Court did not violate Strack’s right to allocution. Also finds the trial court’s error in precluding evidence pertaining to parenting issues with his child’s mother was harmless. Finally, finds that while the trial court’s failure to afford mitigating weight to Strack’s entry of a guilty plea was an abuse of discretion, declines to remand for resentencing due to the abuse of discretion and alleged cumulative effect of the trial court’s errors.

Romeo Vasquez v. State of Indiana (mem. dec.)
Criminal. Affirms Romeo Vasquez’s conviction of Level 5 felony battery resulting in injury to a pregnant woman. Finds that a Spanish to English translator used for the victim, E.L., reasonably conveyed the intent or the idea of the thoughts spoken by E.L., whose first language is the Nicaraguan indigenous language Mam.

In the Termination of the Parent-Child Relationship of: Ja., Jo., and Ji. (Minor Children), and J.G. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father J.G.’s parental rights to his three children. Finds J.G.’s due process rights were not violated, and that he has not independently challenged the juvenile court’s order as clearly erroneous.

Gabrielle Hull v. Brianne Hildenbrand (mem. dec.)
Protective order. Affirms the issuance of a protective order for Brianne Hildenbrand and against Gabrielle Hull. Finds ample evidence to support a finding of repeated harassment, justifying the issuance of a protection order against Hull.

Kenny Johnson v. John Lewis (mem. dec.)
Small claims. Affirms the Hendrick Superior Court’s judgment against Kenny Johnson for $3,450 in response to John Lewis’ small claims suit brought against Johnson for breach of contract for repairs to Lewis’ 1979 Oldsmobile Cutlass. Finds Johnson failed to preserve his argument that the late fee provision in the parties’ written agreement constituted an unenforceable penalty, so he waived that argument on appeal.

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