Opinions Sept. 30, 2022

Keywords Opinions

Court of Appeals of Indiana
Jennifer R. Holmgren v. State of Indiana
21A-CR-2756
Criminal. Affirms and reverses in part Jennifer Holmgren’s sentence to an aggregate of 47 years in the Department of Correction, with five years suspended to probation, for her convictions of child molesting as a Level 1 felony, child molesting as a Level 4 felony and inappropriate communication with a child as a Class A misdemeanor. Finds the Tippecanoe Superior Court did not err by classifying Holmgren as a credit restricted felon. Also finds the trial court erred by sentencing Holmgren for Count II under Indiana Code § 35-50-2-4(c), violating her Sixth Amendment rights. Remands for resentencing on Count II.

Kelly Lyons v. Harold Parker
22A-JP-675
Juvenile paternity. Affirms the Putnam Superior Court’s grant of father Harold Parker’s motion to modify custody, parenting time and child support. Finds the trial court’s conclusions that there had been a substantial change in circumstances since the August 2019 order and that modification was in the girls’ best interests were not clearly erroneous. Also finds the trial court did not abuse its discretion by including the five-month period challenged by mother Kelly Lyons in her child support obligation. Finally, finds Lyons has failed to establish that the trial court abused its discretion by requiring her to exercise her midweek parenting time in Greencastle.

 David N. Carwile II v. State of Indiana (mem. dec.)
22A-CR-118
Criminal. Affirms David Carwile II’s conviction of murder and his sentence to an aggregate of 80 years. Finds there is sufficient evidence to support Carwile’s conviction. Also finds his sentence is not inappropriate.

Terrence Lee Warren, Jr. v. State of Indiana (mem. dec.)
22A-CR-215
Criminal. Affirms Terrence Lee Warren Jr.’s convictions of carrying a handgun without a license as a Class A misdemeanor and two counts of murder. Finds the video evidence does not indisputably contradict the jury’s finding. Also finds the state presented evidence of a probative value from which a reasonable jury could have determined beyond a reasonable doubt that Warren was guilty.

In re the Involuntary Termination of the Parent-Child Relationship of A.D.P.R. and A.P.L.R. (Minor Children) and C.U.R. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-403
Juvenile termination of parental rights. Affirms the involuntary termination of mother C.U.R.’s parental rights to her minor children, A.D.P.R. and A.P.L.R. Finds the Allen Superior Court did not abuse its discretion in denying C.U.R.’s motion to continue.

Devonte D. Sharp v. State of Indiana (mem. dec.)
22A-CR-638
Criminal. Affirms Devonte Dujuan Sharp’s conviction of unlawful possession of a firearm by a serious violent felon as a Level 4 felony. Finds the state provided sufficient evidence to support Sharp’s conviction.

Jeffrey Lee Price, II v. State of Indiana (mem. dec.)
22A-CR-820
Criminal. Affirms Jeffrey Lee Price II’s five-year sentence for his convictions of operating a vehicle with a controlled substance or its metabolite in the body as a Level 6 felony and being a vehicular substance offender in one case and for violating the terms of his probation in another case. Finds the Vermillion Circuit Court did not err in identifying aggravating and mitigating sentencing factors. Also finds Price’s sentence does not warrant revision.

John Walter Downam, Sr. v. State of Indiana (mem. dec.)
22A-CR-856
Criminal. Affirms and reverses in part John Walter Downam Sr.’s convictions of child molesting as a Level 1 felony and battery as a Level 6 felony, his sentence to an aggregate of 42 years, and his designation as a credit restricted felon. Finds sufficient evidence supports Downam’s conviction. Also finds his designation as a credit restricted felon is in error. Finally, finds Downam has not proven that his sentence is inappropriate. Remands with instructions to remove the credit restricted felon designation.

Marc Anthony Miquels v. State of Indiana (mem. dec.)
22A-CR-878
Criminal. Affirms the denial of March Anthony Miquels’ petition for an amended abstract of judgment. Finds the Madison Circuit Court did not err in denying Miquels’ petition, as any presentence confinement credit was not applicable to the later consecutive sentence in this case.

In the Matter of the Termination of the Parent-Child Relationship of S.F. (Minor Child); R.F. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-977
Juvenile termination of parental rights. Affirms the termination of father R.F.’s parental rights to S.F. Finds the Gibson Circuit Court’s determinations are not clearly erroneous.

Ronald E. Burke v. State of Indiana (mem. dec.)
22A-CR-1119
Criminal. Affirms the revocation of Ronald E. Burke’s probation. Finds the Vermillion Circuit Court did not abuse its discretion in revoking 1,460 days of Burke’s probation. Also finds Burke has not sustained his burden of establishing that his 360-day sentence for identity deception is inappropriate in light of the nature of his offense and his character.

Asher B. Hill v. Brian Marley and Kenny Mitchell (mem. dec.)
22A-CT-1428
Civil tort. Affirms the dismissal of Asher B. Hill’s prisoner complaint that he filed against two prison employees in their individual capacities. Finds the Sullivan Superior Court did not err.

Carlos Becerra, et al. v. Town of Brownsburg and BLC Investments, And Andre Lacy Family, LLC, et al. (mem. dec.)
22A-PL-461
Civil plenary. Affirms the summary judgment order determining there were no genuine issues of material fact precluding judgment for BLC Development LLC, the town of Brownsburg and Andre Lacy Family LLC, et al. Finds Carlos Becerra, individually and on behalf of other similarly situated remonstrators, misplaced his reliance on Whitaker v. Becker, 960 N.E. 2d 111 (Ind. 2012). Also finds the remonstrators’ designated affidavits did not specifically cite or identify the relevant portions of their complaint that would defeat BLC’s claim for summary judgment, so the complaint did not qualify as proper summary judgment evidence. Finally, finds no dispute of material fact as to whether the town council paid “reasonable regard” to the factors outlined by Indiana Code § 36-7-4-603.

Anthony Lam v. State of Indiana (mem. dec.)
22A-CR-990
Criminal. Affirms Anthony Lam’s conviction of Level 4 felony child molesting. Finds the Hendricks Superior Court did not abuse its discretion by concluding B.L.’s statements made at the forensic interview were admissible under the Protected Persons Statute. Also finds the state presented sufficient evidence beyond a reasonable doubt to convict Lam of Level 4 felony child molesting.

David E. Voelkert v. State of Indiana (mem. dec.)
22A-CR-132
Criminal. Affirms David Voelkert’s convictions of Level 1 felony child molesting and Level 3 felony child molesting. Finds the St. Joseph Superior Court did not improperly deny Voelkert’s motion to dismiss pursuant to the Interstate Agreement on Detainers. Also finds the state proved the offense beyond a reasonable doubt.

Michael A. Jones v. State of Indiana (mem. dec.)
22A-CR-1059
Criminal. Affirms and reverses in part Michael A. Jones’ sentence to an aggregate of six years, with three years executed and three years served on home detention, for his convictions of operating a vehicle after a lifetime suspension as a Level 5 felony and operating a vehicle with a breath alcohol content of 0.15 or more as a Class A misdemeanor, and for his adjudication as a habitual vehicle substance offender. Finds the Vermillion Circuit Court did not abuse its discretion by omitting certain proffered mitigating circumstances. Also finds Jones’ aggregate sentence is not inappropriate in light of the nature of the offenses and his character. Remands for resentencing to correct the trial court’s erroneous attachment of Jones’ habitual offender enhancement.

Samuel E. Haney, Jr. v. State of Indiana (mem. dec.)
21A-CR-2563
Criminal. Affirms Samuel Haney Jr.’s convictions of two counts of felony murder, two counts of arson as a Level 4 felony and one count of burglary as a Level 4 felony, and his enhancement for being a habitual offender. Finds Haney has failed to demonstrate any actual harm to him as a result of four jurors briefly seeing him in shackles during a recess of his trial, so the Vigo Superior Court acted within its discretion when it denied his motion for a mistrial.

In the Matter of L.H., a Child Alleged to Be a Child in Need of Services A.H. v. Indiana Department of Child Services (mem. dec.)
22A-JC-730
Juvenile CHINS. Affirms the order adjudicating mother A.H.’s child, L.H., to be a child in need of services. Finds the Orange Circuit Court did not err.

Joseph Oscar Mitson v. Lutheran Health Network of Indiana, LLC, Lutheran Health Network Investors, LLC, and CHSPSC, LLC (mem. dec.)
22A-MI-305
Miscellaneous. Affirms the order on remand awarding Joseph Oscar Mitson reasonable, pre-appeal attorney fees in the amount of $44,658.22 but denying attorney fees incurred on appeal and on remand against Lutheran Health Network of Indiana LLC, Lutheran Health of Indiana LLC, Lutheran Health Network Investors LLC and CHSPSC LLC. Finds Mitson, as a nonparty, is not entitled to appellate attorney fees based on the law of the case doctrine. Also finds Mitson is not entitled to attorney fees on remand.

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