Opinions Jan. 17, 2019

Indiana Court of Appeals
Danny L. Saintignon v. State of Indiana
18A-CR-279
Criminal. Affirms Danny Saintignon’s convictions of Class A felony conspiracy to commit burglary resulting in bodily injury, murder and Class B felony robbery resulting in bodily injury. Finds the Delaware Circuit Court did not abuse its discretion when it excluded Saintignon’s proposed witnesses, nor did it deprive him of his right to present a defense. Also finds the trial court did not abuse its discretion when it admitted a photograph that depicted Saintignon’s tattoos. Finally, finds there is sufficient evidence to support his convictions beyond a reasonable doubt. 

Indiana Family and Social Services Administration v. Lance Patterson
18A-PL-925
Civil plenary. Reverses the judgment of the Henry Circuit Court, which entered judgment in favor of Lance Patterson and against the Indiana Family and Social Services Administration. Finds the trial court erred in granting Patterson’s petition for judicial review because the FSSA’s decision was consistent with federal and state law and was neither arbitrary nor capricious. Judge L. Mark Bailey concurs with separate opinion.a

Rhonda DeLap Tipton v. Estate of Virginia D. Hofmann
18A-EU-1009 
Estate, unsupervised. Affirms the Johnson Superior Court’s order on an estate administrator’s final account with respect to the Estate of Virginia D. Hofmann. Finds Rhonda DeLap Tipton’s argument is waived because her brief is not in compliance with Indiana Appellate Rule 46(A). Also finds Tipton engaged in procedural bad faith in her pursuit of the appeal. Remands for appellate fees to be assessed against Tipton’s share of the estate. 

John Blake Pattison v. State of Indiana (mem. dec.)
18A-CR-1595 
Criminal. Affirms John Blake Pattison’s convictions of Level 3 felony dealing in methamphetamine, Level 5 felony dealing in methamphetamine, Level 6 felony maintaining a common nuisance and Class C misdemeanor possession of paraphernalia. The Grant Superior Court did not abuse its discretion in denying Pattison’s motion to sever the Level 5 felony dealing charge, and there was sufficient evidence to convict him of Level 3 felony dealing in methamphetamine.

Shawn P. Morrell v. State of Indiana (mem. dec.)
18A-CR-1282 
Criminal. Affirms the Tippecanoe Circuit Court’s sentence of five years in prison imposed on Shawn P. Morrell for his conviction of Level 5 felony domestic battery. While the trial court erred in designating Morrell’s Individual Risk Assessment Score as an aggravating circumstance, finds Morrell’s criminal history and admission of his history of illegal drug and alcohol abuse warrant his enhanced sentence. 

Hashim Holly v. State of Indiana (mem. dec.)
18A-CR-1345 
Criminal. Affirms Hashim Holly’s 10-year executed sentence in the Indiana Department of Correction for his conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon; Level 5 felony counts of possession of cocaine and possession of a narcotic drug; Level 6 felony possession of a controlled substance, and; misdemeanor counts of possession of marijuana and possession of paraphernalia. The sentence is not inappropriate in light of the nature of the offenses and the character of the offender.

Mark Alan Foutch v. State of Indiana (mem. dec.)
18A-CR-1954 
Criminal. Affirms the Jefferson Circuit Court order revoking Mark Alan Foutch’s placement in community corrections and remanding him to the Department of Correction to serve the remainder of his previously suspended sentence. The trial court acted within its discretion. 

Christopher Barnes v. State of Indiana (mem. dec.)
18A-CR-1715 
Criminal. Affirms Christopher Barnes’ Level 5 felony convictions of battery resulting in a serious bodily injury, finding the Marion Superior Court did not abuse its discretion in admitting challenged testimony, and any error was harmless in light of other independent substantial evidence of his guilt.

J.R. v. State of Indiana (mem. dec.)
18A-JV-1325 
Juvenile. Affirms J.R.’s delinquency adjudication and modification for what would be Class A misdemeanor battery if committed by an adult. Evidence is sufficient to support the actions of the Miami Superior Court. 

Matthew V. Weaver v. State of Indiana (mem. dec.)
18A-CR-1717 
Criminal. Affirms Matthew V. Weaver’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the state presented sufficient evidence to rebut Weaver’s self-defense claim. Also finds the Marion Superior Court did not make a finding as to Weaver’s ability to pay. Remands for the Marion Superior Court to hold a hearing to determine Weaver’s ability to pay a $50 public defender fee.

Timothy N. Hatton v. State of Indiana (mem. dec.)
 18A-PC-749 
Post-conviction. Affirms the Marshall Superior Court’s denial of Timothy N. Hatton’s petition for post-conviction relief after he pleaded guilty to Class B felony child molesting. The post-conviction court did not abuse its discretion by denying Hatton’s motions to compel.