Opinions Sept. 28, 2021

Indiana Court of Appeals
Phillip Beachey v. State of Indiana
20A-CR-2121
Criminal. Vacates and remands the Elkhart Superior Court’s order denying modification to Phillip Beachey’s bond. Finds the trial court abused its discretion in not conducting a pretrial risk assessment report pursuant to Indiana Criminal Rule 26 and Indiana Code § 35-33-8-3.8.

Kevin Antwon Calvert v. State of Indiana
21A-CR-875
Criminal. Affirms Kevin Calvert’s conviction for Level 6 felony assisting a criminal for his role in a drive-by shooting. Finds the state established a reasonable probability that the cellphone in question belonged to Calvert. Also finds the Marion Superior Court did not commit fundamental error in instructing the jury.

Justin M. Blake v. State of Indiana
21A-CR-405
Criminal. Affirms Morgan Superior Court’s denial of Justin Blake’s motion for discharge and suppression of evidence. Finds Blake is not entitled to discharge under Indiana Criminal Rule 4(B)(1). Also finds the trial court was reasonable in finding that the pandemic created an emergency that qualified as an exception under the rule. Finally, finds Blake waived his argument that the delay violated his constitutional rights to a speedy trial.

Marr Peter Brown v. State of Indiana (mem. dec.)
21A-CR-272
Criminal. Affirms Marr Peter Brown’s conviction and sentence to 35 years for the attempted murder of James Walker. Reverses the Allen Superior Court’s order vacating Brown’s criminal recklessness conviction. Remands for an entry of judgment of conviction for criminal recklessness as a Level 6 felony and to impose a concurrent advisory sentence of one year for that offense.  Finds the trial court didn’t abuse its discretion in instructing the jury regarding self-defense, and the state presented evidence of a probative nature from which a reasonable trier of fact could have determined beyond a reasonable doubt that Brown did not validly act in self-defense and that he was guilty of murder. Also finds Brown didn’t sustain his burden of establishing that his sentence is inappropriate. Finally, finds Brown’s convictions of both attempted murder and criminal recklessness do not violate substantive double jeopardy.

James L. Graham v. State of Indiana (mem. dec.)
21A-CR-212
Criminal. Affirms James Graham’s convictions for two counts of dealing in methamphetamine, one as a Level 3 felony and one as a Level 4 felony; three counts of dealing in a narcotic drug, each as a Level 5 felony; and his adjudication as a habitual offender. Finds the Shelby Superior Court gave Graham the opportunity to speak at his sentencing hearing and he declined. Thus, no fundamental error was committed by the court.

Michael Shelmadine, Jr. v. Nicole Klingaman (mem. dec.)
21A-DN-402
Domestic relations, no children. Affirms Noble Circuit Court’s denial of Michael Shelmadine Jr.’s Trial Rule 59 motion to correct errors and Trial Rule 60 motion for relief from judgment in his divorce from Nicole Klingaman. Finds the court wasn’t required to grant a last-minute continuance, could not consider Shelmadine’s evidence submitted post-judgment and didn’t err in maintaining the order for Shelmadine to pay a portion of Klingaman’s attorney fees.

In the Matter of H.M. and I.M. (Children in Need of Services) and P.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-593
Juvenile CHINS. Affirms the juvenile court’s determination that H.M. and I.M. are children in need of services. Finds the juvenile court didn’t err in denying a motion to dismiss the petition to have H.M. designated as a CHINS based on the contention the factfinding hearing was not conducted within the statutory time limit. Also finds the mother, P.M., invited alleged error by asking for a continuance. Finally, finds P.M. failed to establish that the juvenile court’s judgment is unsupported by its findings.

Erica Nicole (Hadler) Sever v. Barbara Martin and Richard Martin (mem. dec.)
21A-MI-575
Miscellaneous. Reverses and remands Rush Circuit Court’s decision to modify the visitation time of Barbara Martin and Richard Martin with their grandchild. Finds Erica Nicole (Hadler), the mother, demonstrated prima facie error by the trial court, and thus the trial court abused its discretion by increasing grandparents’ visitation. Also finds the order deprived Sever of her limited time with the child.

In re the Paternity of Alexander Isack, Benjamin J. Isack (Father) v. Sarah Ann Chidister (Mother) (mem. dec.)
21A-JP-590
Juvenile paternity. Dismisses the appeal by Benjamin J. Isack of the St. Joseph Probate Court’s orders on Sept. 10, 2020, and March 9, 2021, regarding his parenting rights. Finds the March 9, 2021, order was not a final judgment, and the father is therefore appealing from an interlocutory order that does not fall under any of the categories for appeal. Also finds the father’s appeal was untimely.

In the Termination of the Parent-Child Relationship of: E.G. & G.G. (Minor Children) and A.K. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-867
Juvenile termination of parental rights. Affirms the order by the Howard Circuit Court terminating the relationship between mother A.K. and her two children, E.G. and G.G. Finds the termination order was not clearly erroneous.

G.P. v. State of Indiana (mem. dec.)
21A-JV-611
Juvenile. Affirms the Decatur Circuit Court’s order adjudicating G.P a delinquent child. Finds the state presented sufficient evidence to support the findings in JD-247 and JD-3. Also finds the testimony of the victim was sufficient to support the true findings under JD-247 and was not incredibly dubious. Finally, finds G.P’s knowledge and compact timeline support the theft charges.

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