Opinions

Court of Appeals of Indiana
In the Matter of the Paternity of A.R.S. (Minor Child); P.M.S. v. T.P.W.
22A-JP-529
Juvenile paternity. Affirms the order modifying custody of A.R.S. in favor of mother T.P.W. and awarding father P.M.S. parenting time. Finds the Warrick Superior Court did not abuse its discretion by modifying custody. Also finds the trial court granted parenting time to P.M.S. pursuant to the Indiana Parenting Time Guidelines.

Court of Appeals of Indiana
Chelsea Newman v. State of Indiana (mem. dec.)
22A-CR-594
Criminal. Affirms Chelsea Newman’s conviction of Level 6 felony unlawful possession of a legend drug. Finds the Blackford Superior Court did not abuse its discretion by admitting Newman’s statements to her community corrections supervisor, made during a meeting and subsequent compliance check, into evidence in her instant trial.

Eric M. Seibel v. State of Indiana (mem. dec.)
22A-CR-269
Criminal. Reverses Eric M. Seibel’s conviction of Level 5 felony battery against a public safety official while engaged in the execution of official duties, resulting in bodily injury. Finds the Knox Superior Court committed reversible error by refusing Seibel’s tendered lesser-included offense instruction. Also finds the evidence is sufficient to support a conviction of the lesser-included offense. Remands to the trial court to vacate Seibel’s Level 5 felony conviction, enter a judgment of conviction on Level 6 felony battery on a public official and resentence him accordingly. Affirms Seibel’s Level 6 felony conviction of domestic battery.

Court of Appeals of Indiana
Willie Mills Sr. v. State of Indiana
22A-CR-591
Criminal. Affirms Willie Mills Sr.’s convictions for Level 2 felony burglary, Level 3 felony burglary, Level 3 felony armed robbery and Level 5 felony battery by means of a deadly weapon. Finds Mills failed to show that the face mask requirement imposed by the Wayne Superior Court denied him his right to confront witnesses and was fundamental error. Also finds Mills waived his Article I, Section 13 right to counsel claim by failing to raise it in the trial court and, waiver notwithstanding, Mills failed to show any reason why, unlike the federal constitution, the state constitution should be interpreted to disallow admission of a statement that a defendant knowingly and voluntarily gave to law enforcement after appointment of counsel. Finally, finds there is sufficient evidence to support Mills’ convictions as an accomplice.

Court of Appeals of Indiana
Ryan L. Fisel v. State of Indiana  
22A-CR-1279
Criminal. Affirms the Wells Superior Court’s correction of Ryan Fisel’s sentence from a direct placement on home detention to a commitment in the Department of Correction. Finds Fisel’s original sentence of a direct placement on home detention was not authorized by statute. Also finds the trial court had jurisdiction to correct the error and properly did so.

Court of Appeals of Indiana
Jalen Bonner v. State of Indiana (mem. dec.)
22A-CR-1187
Criminal. Affirms Jalen Bonner’s conviction of Level 1 felony attempted murder. Finds the state presented sufficient evidence to sustain Bonner’s conviction of attempted murder.

Court of Appeals of Indiana
Lawerance Knighten v. State of Indiana (mem. dec.)
22A-CR-454
Criminal. Affirms Lawerance Knighten’s conviction of Level 1 felony child molesting. Finds the state did not commit fundamental error by engaging in prosecutorial misconduct during both voir dire and closing argument.

Court of Appeals of Indiana
Jeremiah Jordyn Smith v. State of Indiana
22A-CR-364
Criminal. Reverses the Tippecanoe Superior Court’s grant of the state’s motion to revoke the pretrial diversion agreement entered into with Jeremiah Jordyn Smith. Finds Smith’s diversion agreement was supported by consideration and the state was bound by its terms. Also finds revoking Smith’s diversion agreement without cause was a breach of the agreement’s terms. Remands with instructions to dismiss the case against Smith with prejudice.

Court of Appeals of Indiana

People for Community, Inc./PFC, Isaac Fincher v. City of Fort Wayne Neighborhood Code Compliance
22A-MI-447
Miscellaneous. Affirms the dismissal of the complaint filed by Rev. Isaac Fincher in Allen Circuit Court on behalf of People for Community Inc. Finds PFC’s argument fails on the merits because the trial court gave PFC ample opportunities to secure counsel. Concludes the COA cannot say that the trial court abused its discretion by failing to give PFC even more time to secure counsel as it gave PFC ample time to do so.