Court opinions

7^th Circuit Court of Appeals
United States of America v. Mark Price
20-3191
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Mark Price’s conviction of unlawfully possessing firearms and ammunition as a felon, as well as his enhanced sentence. Rejects Price’s “stalking horse” theory on first impression and finds the parole search wasn’t a violation of Price’s Fourth Amendment rights. Also finds Price’s terms as a parolee lessened his privacy status. Finally, finds the district court didn’t err as to the sufficiency of the evidence or in giving Price three sentencing enhancements.

Court of Appeals of Indiana
Perise L. Fowler v. State of Indiana
21A-CR-1596
Criminal. Affirms Perise L. Fowler’s conviction for murder. Finds no error in the Marion Superior Court’s denial of Fowler’s oral motion to reconsider his guilty verdict and to enter judgment of conviction on the lesser included offense of voluntary manslaughter that was not argued at trial.

Court of Appeals of Indiana
Michael Bedtelyon v. State of Indiana
21A-CR-1952
Criminal. Reverses the revocation of four years of Michael Bedtelyon’s suspended sentence after his probation officer found Bedtelyon had violated his probation by watching sexually suggestive anime cartoons. Finds the Elkhart Superior Court abused its discretion. Also finds the state failed to prove by a preponderance of the evidence that Bedtelyon violated his probation because it produced no evidence that he had accessed or viewed obscene videos depicting or describing sexual conduct in a patently offensive manner.

Court of Appeals of Indiana
In the Matter of the Marriage of: Kristi M. McClendon v. Richard L. Triplett
21A-DR-1852
Domestic relations. Affirms the modification of custody of K.T. and D.T. in favor of father Richard Triplett. Finds mother Kristi McClendon failed to demonstrate that she was prejudiced by the denial of her motion to continue, that the Adams Circuit Court abused its discretion by allowing K.T. to testify without her parents in the courtroom, that the trial court’s denial of her motion to exclude testimony of three witnesses was erroneous or that the trial court erred by granting Triplett’s motion for modification of physical and legal custody.

Court of Appeals of Indiana
Rhonda R. Parkevich v. State of Indiana (mem. dec.)
21A-CR-1385
Criminal. Affirms and reverses in part the order for Rhonda R. Parkevich to pay restitution upon her conviction of Level 6 felony theft. Finds Parkevich waived her right to dispute her ability to pay her ordered restitution, and the Cass Superior Court didn’t err by determining she had the ability to pay. Also finds the trial court abused its discretion by failing to fix the manner of payment and by awarding restitution for a loss that is not the direct and immediate result of the offense in this case. Remands with instructions to impose restitution in the amount of $36,632, determine a payment schedule and fix the amount of the payments.

Court of Appeals of Indiana
Vichitra Tyagi v. Vinita Singh Tyagi
21A-DC-1392
Domestic relations with children. Affirms the dissolution of Vichitra Tyagi’s marriage to Vinita Singh Tyagi. Finds the Boone Superior Court did not err in several instances, including when it found that a note payable existed and allocated it as an asset to Husband; when it found Husband’s weekly income to be $5,000 for child support; when it relied on Wife’s evidence about the U.S. dollars and Indian rupees conversion rate; and when it unequally divided the marital estate.