Opinions Sept. 29, 2021

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Indiana Court of Appeals
Chris Lawrence Rochefort v. State of Indiana
Criminal. Affirms Chris Rochefort’s conviction for Level 6 felony failure to return to lawful detention. Finds the Lake Superior Court did not abuse its discretion when it denied Rochefort’s motion for a mistrial or when it rejected his proffered instruction on the defense of necessity.

Proctor Gray, III v. State of Indiana (mem. dec.)
Criminal. Dismisses Proctor Gray’s appeal of the denial of his motion for extension of time by the Vigo Superior Court. Finds Gray’s request was not authorized by Indiana Post-Conviction Rule 2.

Payton Thomas Jarrard v. State of Indiana (mem. dec.)
Post-conviction. Affirms denial of Payton Thomas Jarrard’s petition for post-conviction relief. Finds the Tippecanoe Superior Court did not error in denying relief on Jarrard’s claim of ineffective assistance of trial counsel.

Tracey Wheeler v. Kathy Alvery, at al. (mem. dec.)
Miscellaneous. Reverses the dismissal of Tracey Wheeler’s complaint against various prison officials and employees after some of his undeliverable outgoing mail was destroyed. Finds Wheeler has shown that he was prejudiced by the Perry Circuit Court’s erroneous ruling. Remands with instructions to allow Wheeler to amend his complaint.

In Re: The Termination of the Parent Child Relationship of A.S. (Minor Child); T.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the Huntington Superior Court’s termination of father T.S.’s parental relationship with A.S. Finds the evidence was sufficient to support the termination.

Jeffrey T. Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Jeffrey Smith’s advisory sentence of three years in the Department of Correction and 18 months suspended to probation for child solicitation, a Level 5 felony. Finds his sentence as handed down by the Switzerland Circuit Court was not inappropriate in light of the nature of Smith’s offense and his character.

B.M. v. State of Indiana (mem. dec.)
Juvenile. Affirms the order from the Wayne Superior Court requiring B.M. to register as a sex offender. Finds there was clear and convincing evidence that B.M. was likely to repeat an act that would be a sex offense if committed by an adult.

K.S. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother K.S.’s parental rights to her minor children, A.G. and A.S. Finds the Lake Superior Court’s findings supported its conclusions regarding mother’s continued relationship with children being a threat to their well-being and regarding termination being in children’s best interests.

Brian Keith Liggins v. State of Indiana (mem. dec.)
Criminal. Affirms Brian Liggins’ conviction for Level 6 felony operating while intoxicated with endangerment. Finds sufficient evidence to establish that Liggins “operated” his vehicle while intoxicated.

May Robinson v. City Of Mount Vernon (mem. dec.)
Local ordinance violation. Affirms the Posey Superior Court’s finding that may May Robinson violated Section 91.03 of the Mt. Vernon Code of Ordinances by keeping a dog that attacked a person and its grant of the city’s petition to euthanize the dog. Finds the trial court did not clearly err in determining that Robinson had violated the ordinance or in issuing the order to euthanize the dog.

Korie Shantel Miller v. State of Indiana (mem. dec.)
Criminal. Affirms Korie Miller’s convictions and aggregate 24-year sentence for Level 2 felony dealing in a narcotic drug and Level 6 felony dealing in a Schedule IV controlled substance. Finds her sentence is not inappropriate in light of the nature of the offenses and her character. Also finds the Wells Circuit Court did not err by trying her in absentia.

Kimberly Dawn Fields v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Kimberly Fields’ sentence after she violated her probation by using methamphetamine and possessing fentanyl. Finds sufficient evidence to prove Fields possessed fentanyl.

Eric Nolan Duncan, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Eric Duncan Jr.’s sentence to serve six years in the Indiana Department of Correction Level 5 felony intimidation followed by one year in Lake County Community Corrections for Class A misdemeanor resisting law enforcement conviction. Finds the sentence is not inappropriate.

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