Opinions Sept. 10, 2021

Indiana Court of Appeals
I.G. v. State of Indiana
21A-JV-00479
Juvenile. Reverses the Marion Superior Court’s judgment that juvenile I.G. was a delinquent child for committing what would be Class A misdemeanor carrying a handgun without a license if committed by an adult. Finds that the odor of marijuana smelled by a police officer making a traffic stop of the vehicle, by itself, was not enough to establish probable cause to arrest I.G. for possessing marijuana. Finds the search of I.G. was not a valid search incident to arrest and the court erred in admitting the handgun into evidence.

Christopher A. White v. State of Indiana (mem. dec.)
20A-CR-01246
Criminal. Affirms Christopher White’s conviction for child molesting, a Level 1 Felony; rape, a Level 3 felony; and sexual battery, a Level 6 felony. Finds White’s waiver was personal and therefore valid.

Tony Lee Clemons, Jr. v. State of Indiana (mem. dec.)
21A-CR-00301
Criminal. Affirms Tony Clemons, Jr.’s 17 ½-year sentence for Level 2 felony dealing in methamphetamine. Finds his sentence is not inappropriate.

Lyndal Woosley, Jr. v. State of Indiana (mem. dec.)
21A-CR-00351
Criminal. Affirms the denial of the motion to correct error filed by Lyndal Woosley, Jr. after the Harrison Superior Court denied his motion for a sentence modification. Finds Indiana Code section 35-38-1-17 does not require the trial court to conduct a hearing before denying a motion for sentence modification. Also finds Woosley does not have a due process right to such a hearing. Finds neither Woosley’s plea agreement nor the trial court’s sentencing order obligated the trial court to conduct a hearing.

Eileen Davis v. Carolyn Scott, Carolyn Scott, Louis Richards, Theresa Richards, and Robert Richards (mem. dec.)
21A-PL-00424
Civil plenary. Affirms the Shelby Circuit Court’s grant of summary judgment in favor of Carolyn Scott, Louis Richards, Theresa Richards, and Robert Richards against Eileen Davis. Finds the trial court did not err in granting summary judgment for the defendants. Also finds there is no genuine issue of material fact that Helen’s modification of her will was valid.

In re the Termination of the Parent-Child Relationship of Sa.S., Sy.S., and Sm.S. (Minor Children) and J.W. (Mother) J.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-00660
Juvenile termination. Affirms the termination of J.W.’s parental rights to her children, Sa.S., Sy.S., and Sm.S. Finds the totality of the evidence supports termination of Mother’s parental rights is in the children’s best interests.

In re the Termination of the Parent-Child Relationship of K.S. (Minor Child) and C.H. (Mother), v. Indiana Department of Child Services (mem. dec.)
21A-JT-00828
Juvenile termination. Affirms the Cass Circuit Court’s order terminating J.H.’s parental rights to her daughter, K.S. Finds J.H. has failed to demonstrate that the trial court clearly erred in terminating her parental rights to K.S.

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