Opinions Sept. 15, 2020

Indiana Court of Appeals
James T Knight v. State of Indiana
20A-CR-068
Criminal. Reverses the Carroll Circuit Court’s imposition of the community service probation condition for licensed attorney James T. Knight. Finds that the trial court complied with the procedural requirements of Indiana Code § 35-38-2-1.8 when it held a new probation hearing. However, also finds that the imposition of the community service condition was beyond the trial court’s discretion where the plea agreement contained language that limited the trial court’s discretion to impose that condition.

In Re the Adoption of: N.I.D. (Minor Child), and C.C. (Mother) v. R.P. and K.P.
20A-AD-187
Adoption. Affirms the denial of C.C.’s motion to set aside the adoption of her child, N.D., by R.P. and K.P. Finds that although the Clinton Circuit Court erred by denying R.P. and K.P.’s motion to dismiss, the trial court properly denied C.C.’s motion to set aside the adoption decree.

James Dean Childers v. State of Indiana (mem. dec.)
20A-CR-58
Criminal. Affirms James Childers’ conviction for murder. Finds the Wayne Circuit Court did not abuse its discretion by admitting Childers’ statement regarding holding court in the street, and Childers’ due process rights were not violated by James Mills’ testimony.

Barry Lee Cook v. State of Indiana (mem. dec.)
19A-CR-2404
Criminal. Affirms Barry Cook’s conviction of Level 2 felony dealing in a narcotic drug, Level 2 felony dealing in cocaine, Level 6 felony possession of a narcotic drug and Class A misdemeanor possession of marijuana. Finds that the Grant Superior Court did not abuse its discretion in the admission of evidence and that there is sufficient evidence to support Cook’s convictions.

In the Matter of A.L., (Minor Child), Child in Need of Services, and J.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JC-650
Juvenile CHINS. Affirms the adjudication of mother J.H.’s minor child, A.L., as a child in need of services. Finds sufficient evidence to support the CHINS adjudication.

Andrew Michael Wilke-Breightling v. State of Indiana (mem. dec.)
19A-CR-1267
Criminal. Affirms Andrew Wilke-Breightling’s sentence to eight, five, two and two years, respectively, for his convictions of Level 4 felony burglary, Level 5 felony auto theft, Level 6 felony theft of a firearm and Level 6 felony theft of property valued at between $750 to $50,000, to be served concurrently and concurrent to an unrelated sentence under another cause number. Finds Wilke-Breightling’s sentences are not inappropriate in light of the nature of his offenses and his character.

Glenn D. McDonald v. State of Indiana (mem. dec.)
20A-CR-530
Criminal. Affirms Glenn McDonald’s conviction of Class A misdemeanor conversion. Finds sufficient evidence to support the St. Joseph Superior Court’s conclusion that McDonald knowingly or intentionally exerted unauthorized control over the property of TJ Maxx.

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