Opinions Nov. 29, 2018

Indiana Court of Appeals
Brian Harold Connor v. State of Indiana
18A-CR-442
Criminal. Reverses Brian Connor’s conviction of Class C misdemeanor operating a motor vehicle with an alcohol concentration equivalent to at least 0.08 grams of alcohol but less than 0.15 grams of alcohol per 210 liters of the person’s breath. Finds the Marion Superior Court abused its discretion in admitting Connor’s chemical breath test into evidence when an Indianapolis Metropolitan Police Department captain administered the test using a procedure not approved by the Department of Toxicology.

Pierre A. Smith, Jr. v. State of Indiana
18A-CR-478
Criminal. Affirms Pierre A. Smith, Jr.’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the state proved in Marion Superior Court that Smith constructively possessed the firearm.

Anthony J. Johnson v. State of Indiana
18A-CR-1753
Criminal. Affirms the Bartholomew Circuit Court’s decision to increase Anthony Johnson’s bond from $175,000 to $500,000 on charges of Level 3 felony rape, and Level 3 and Level 5 felony counts of dealing and possession of methamphetamine and narcotics. Finds the trial court did not abuse its discretion and the state provided clear and convincing evidence that Johnson posed a risk to the physical safety of a confidential informant he’s accused of raping.

In the Matter of R.F. (a Child in Need of Services) Z.F. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JC-1394
Juvenile CHINS. Affirms the Monroe Circuit Court’s adjudication of R.F. as a child in need of services. Finds there is sufficient evidence to support the CHINS adjudication, finding Father’s actions endangered R.F. and that her need for supervision and care were not being met and were unlikely to be met in the future without the coercive intervention of the court.

Matthew R. Potter v. Kara A. Potter (mem. dec.)
18A-DC-1541
Domestic relations with children. Affirms the Floyd Superior Court’s order clarifying its prior order regarding health insurance coverage for M.P., Matthew Potter’s child, with M.P.’s mother, Kara Potter. Finds the trial court did not err when it ordered that M.P. be insured under Medicaid, nor when it ordered Matthew to pay Kara’s attorney’s fees.

William Levi Abel v. State of Indiana (mem. dec. )
18A-CR-857
Criminal. Affirms William Abel’s 80-year aggregate sentence for conviction for Level 1 felony murder, among other convictions, in Greene Circuit Court. Finds the state presented sufficient evidence to rebut Abel’s self-defense claims. Finds the trial court did not abuse its discretion at sentencing and that his sentence is not inappropriate.

Carlos Hernandez-Cabrera v. State of Indiana (mem. dec.)
18A-CR-1302
Criminal. Affirms in part, reverses in part Carlos Hernandez-Cabrera’s conviction of possession of methamphetamine and maintaining a common nuisance as Level 6 felonies and Class C misdemeanor possession of paraphernalia. Finds there is sufficient evidence to support the paraphernalia and meth convictions, but insufficient evidence for the common nuisance conviction. Vacates the common nuisance conviction and sentence.

Akeem D. Boddie v. State of Indiana (mem. dec.)
18A-CR-1038
Criminal. Affirms Akeem Boddie’s 42-year sentence for conviction of Level 1 felony burglary and Level 6 felony theft. Finds the sentence is not inappropriate and there is sufficient evidence to support the convictions.

Sean Patrick Roberts, Jr. v. State of Indiana (mem. dec.)
18A-CR-1441
Criminal. Affirms Sean Roberts’ 730-day sentence for conviction of Level 6 felony intimidation. Finds the Bartholomew Circuit Court did not abuse its discretion when it did not find Roberts’ guilty plea a mitigating circumstance.

Toby D. Johnson v. State of Indiana (mem. dec.)
18A-CR-1177
Criminal. Affirms the Tippecanoe Superior Court did not err in denying Toby Johnson’s petition for habeas corpus. Finds the trial court properly dismissed Johnson’s petition as an unauthorized successive petition for post-conviction relief.
 
C.B. v. State of Indiana (mem. dec.)
18A-JV-1469
Juvenile. Affirms that the St. Joseph Probate Court properly ordered juvenile C.B. to pay restitution in the amount of $250 after he vandalized a local business. Finds there is sufficient evidence to prove the amount lost and that the court properly ordered C.B. to pay restitution.

David Allen Turner v. Darla Jo Turner (mem. dec.)
18A-DR-796
Domestic relation. Affirms the Marion Superior Court’s decree equally dividing David Turner and Darla Jo Turner’s marital estate following their dissolution of marriage. Finds the trial court did not abuse its discretion by ordering an equal division of the marital estate.

Javier Garcia v. State of Indiana (mem. dec.)
18A-CR-1286
Criminal. Affirms Javier Garcia’s conviction of Level 6 felony strangulation, Level 5 felony criminal confinement and Class A misdemeanor domestic battery. Finds there is sufficient evidence to support Garcia’s convictions and that the incredible dubiosity rule does not apply.