Opinions Oct. 14, 2021

Keywords Opinions

Indiana Court of Appeals
Sarah D. Nicholson v. State of Indiana (mem. dec.)
21A-CR-693
Criminal. Affirms the Dubois Superior Court’s order sentencing Sarah Nicholson to serve 730 days in the Department of Correction following the revocation of her probation. Finds the terms of Nicholson’s plea agreement unambiguous, so the trial court did not err in ordering her to serve the sentence she agreed to. Also finds the trial court didn’t err in denying her petition for sentence modification.

Jason Middleton v. State of Indiana (mem. dec.)
21A-PC-1034
Post-conviction. Affirms the Rush Superior Court’s denial of post-conviction relief for Jason Middleton. Finds the trial court failed to give Middleton a proper Boykin v. Alabama, 395 U.S. 238 (1969), advisement during his change of plea hearing, but the state carried its burden of affirmatively showing Middleton understood his rights en masse. Also Finds Middleton’s plea was knowing, intelligent and voluntary, and the post-conviction court did not err.

In the Involuntary Termination of the Parent-Child Relationship of: G.H. and I.M. (Minor Children), and T.H. (Mother) and K.M. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-2219
Juvenile termination of parental rights. Affirms the termination of mother T.H. and father K.M.’s parental rights as to minor children G.H. and I.M. Finds the juvenile court’s findings are supported by the evidence and not clearly erroneous. Also finds there is a reasonable probability that the conditions that resulted in the children’s removal will not be remedied because of the parents’ failure to address their substance abuse, housing and other parental deficiencies, along with their lack of interest in continuing to parent the children. Finally, finds the Department of Child Services presented sufficient evidence to support the juvenile court’s termination order.

Tracey Wheeler v. Branchville Correctional Facility Office, et al (mem. dec.)
20A-MI-2425
Miscellaneous. Affirms the dismissal of Tracey Wheeler’s pro se complaint against the Branchville Correctional Facility and eight Branchville employees. Finds the Perry Circuit Court did not err.

Evan J. Jones v. State of Indiana (mem. dec.)
21A-CR-733
Criminal. Affirms the revocation of Evan Jones’ probation and the imposition of the balance of his previously suspended sentence. Finds the Vermillion Circuit Court did not abuse its discretion by revoking Jones’ probation.

Brandon Gillihan v. State of Indiana (mem. dec.)
21A-CR-747
Criminal. Affirms Brandon Gillihan’s conviction of Class B misdemeanor criminal mischief. Finds there was sufficient evidence of criminal mischief.

Demetrice Lay v. State of Indiana (mem. dec.)
21A-CR-775
Criminal. Affirms Demetrice Lay’s sentence to six years executed for his conviction of carrying a handgun without a license as a Level 5 felony. Finds Lay has failed to establish that his sentence is inappropriate in light of the nature of the offense and his character.

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