Court opinions

Indiana Court of Appeals
Anthony Wilburn v. State of Indiana
20A-CR-1709
Criminal. Affirms and reverses in part the denial of Anthony Wilburn’s motion to exclude evidence and his conviction of Level 2 felony burglary. Finds the Huntington Circuit Court did not abuse its discretion when it admitted a sergeant’s testimony as skilled witness opinion testimony. Also finds sufficient evidence to identify Wilburn as the perpetrator of the robbery. Finally, finds insufficient evidence to sustain Wilburn’s conviction for burglary of a business open to the public during business hours. Remands for the trial court to enter judgment of conviction for Level 3 felony robbery and to resentence Wilburn accordingly.

Indiana Court of Appeals
Olympic Financial Group, Inc. v. State of Indiana
21A-CR-1017
Criminal. Reverses the Jasper Superior Court’s order granting Indiana’s motion to turn seized money over to the federal government in the amount of $709,880. Finds the state failed to prove that the cash was properly seized pursuant to Indiana Code Chapter 34-24-1 and to show it was entitled to a turnover order under Indiana Code § 35-33-5-5(j). Also finds the trial court erred by granting the motion. Remands with instructions that the state reimburse Olympic Financial Group. Judge Nancy Vaidik concurs in result with separate opinion.

Indiana Court of Appeals
I.G. v. State of Indiana
21A-JV-00479
Juvenile. Reverses the Marion Superior Court’s judgment that juvenile I.G. was a delinquent child for committing what would be Class A misdemeanor carrying a handgun without a license if committed by an adult. Finds that the odor of marijuana smelled by a police officer making a traffic stop of the vehicle, by itself, was not enough to establish probable cause to arrest I.G. for possessing marijuana. Finds the search of I.G. was not a valid search incident to arrest and the court erred in admitting the handgun into evidence.

Indiana Court of Appeals
Ryan Gordon Tracy v. State of Indiana (mem. dec.)
20A-CR-2052
Criminal. Affirms Ryan Tracy’s conviction of three counts of child molesting as a Level 1 felony and one count of child molesting as a Level 4 felony, and his aggregate 40-year sentence. Finds a nurse’s training and education qualified her as an expert with regard to sexual assault examinations, and the Shelby Superior Court didn’t abuse its discretion in allowing her expert testimony. Also finds Tracy’s sentence is not inappropriate.

Indiana Court of Appeals
Termination: W.S. v. Indiana Department of Child Services (mem. dec.)
21A-JT-00509
Juvenile termination. Affirm the termination of W.S.’s parental rights to his son, J.S. Finds Father’s incarceration was only one of the reasons for termination. Finds that termination was not clearly erroneous.

Indiana Court of Appeals
Taylor Jones v. G.H., by next friend, K.H.
21A-PO-555
Protective order. Affirms a grant of an order for protection to G.H. by his next friend and father, K.H., against Taylor Jones. Finds sufficient evidence to support the protection order.