Opinions Sept. 20, 2022

Keywords Opinions

Court of Appeals of Indiana
Karl W. Morgan v. State of Indiana (mem. dec.)
21A-CR-2864
Criminal. Affirms Karl W. Morgan’s two counts of Level 4 felony child molesting and his aggregate 20-year sentence. Finds the Adams Circuit Court neither erred in finding Morgan to be a sexually violent predator nor abused its discretion in denying his motion to correct erroneous sentence.

Antoni Williams v. State of Indiana (mem. dec.)
22A-CR-500
Criminal. Affirms Antoni Williams’ conviction for Class A misdemeanor domestic battery. Finds sufficient evidence to support the conviction.

Kevin Shawn Dyer v. State of Indiana (mem. dec.)
22A-CR-1046
Criminal. Affirms Kevin Dyer’s 90-day sentence for Class A misdemeanor resisting law enforcement. Finds sufficient evidence to support the conviction.

Pedro Albizu Diaz v. State of Indiana (mem. dec.)
22A-CR-558
Criminal. Affirms Pedro Diaz’s conviction for Level 6 felony residential entry and Level 6 felony criminal confinement, as well as his habitual offender finding. Finds sufficient evidence to sustain Diaz’s conviction for Level 6 felony criminal confinement.

Christopher Mercado v. Angelicah Shaver (mem. dec.)
22A-JP-542
Juvenile paternity. Affirms the Lake Superior Court’s grant of Angelicah Shaver’s request for an equal split of parenting time over her son with the child’s father, Christopher Mercado, as well as its denial of the father’s request for sole legal custody. Also affirms the trial court’s finding of the mother in contempt of court and its order that she to pay half of the child’s uninsured medical expenses, calculated to be $491.04. Finds the court properly calculated the mother’s share of the uninsured medical expenses and did not abuse its discretion in denying the father’s request.

In the Termination of the Parent Child relationship of: G.M. and S.T. (Minor Children), and S.T. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-458
Juvenile termination. Affirms the termination of S.T.’s parental rights to her minor children,G.M. and S.T. Finds the juvenile court did not err in the termination, finding that termination of Mother’s parental rights are in the children’s best interests.

In the Matter of the Civil Commitment of M.L. M.L. v. Madison State Hospital (mem. dec.)
22A-MH-778
Mental health. Affirms the involuntary order of commitment for M.L.. Finds the Elkhart Superior Court’s questioning of Dr. Ayobola Oloworaran showed no bias and did not violate M.L.’s right to due process.

Charles Edward Sweeney, Jr. v. State of Indiana (mem. dec.)
22A-PC-369
Post-conviction. Affirms in part, vacates in part. Finds the Clark Circuit Court did not err in finding that Charles Sweeney Jr. was entitled to pretrial credit only for those time periods he was confined by the State of Indiana. Finds that Sweeney is not entitled to additional pre-trial credit for time spent in federal custody. Vacates the post-conviction court’s order to the extent it addresses the admissibility of Sweeney’s statements and expresses no opinion as to the arguments presented in this regard.

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