Opinions June 12, 2019

Indiana Court of Appeals
Cody A. Stinson v. State of Indiana
18A-CR-2925
Criminal. Affirms Cody Stinson’s conviction of Level 1 felony attempted murder, Level 5 felony battery with a deadly weapon and his adjudication as a habitual offender. Finds the Allen Superior Court did not abuse its discretion in admitting statements under the excited utterance exception to the rule against hearsay. Also finds the trial court did not abuse its discretion when it allowed the state to ask the victim leading questions during direct examination.

Dean Blair and Paula Blair v. EMC Mortgage, LLC
18A-MF-808
Mortgage foreclosure. Reverses the Vanderburgh Superior Court’s grant of partial relief to Dean and Paula Blair on their statute-of-limitations defense. Finds irrelevant the question of whether the Blairs’ request for more time to respond to EMC Mortgage, LLC’s motion for summary judgment was timely. Also finds EMC waited an unreasonable time to accelerate its note and mortgage. Thus, by failing to make demand within a reasonable time, finds its rights are time-barred.

Robert Mack v. State of Indiana (mem. dec.)
19A-CR-131
Criminal. Affirms Robert Mack’s conviction of Class A misdemeanor carrying a handgun without a license. Finds the search of Mack’s person did not violate his rights against unreasonable searches and seizures pursuant to the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution.

David Johnny Cross v. State of Indiana (mem. dec.)
18A-CR-2499
Criminal. Affirms David Cross’ conviction of Level 5 felony carrying a handgun without a license. Finds there is sufficient evidence to support Cross’ conviction.

J.R. v. State of Indiana (mem. dec.)
18A-JV-2206
Juvenile. Affirms J.R.’s placement in the Department of Correction for a finding of Level 6 felony sexual battery if committed by an adult. Finds the St. Joseph Probate Court was within its discretion to conclude that commitment to a less restrictive environment than the DOC was not in the best interest of J.R. or consistent with the safety of the community. The juvenile court did not abuse its discretion when it ordered J.R.’s placement in the DOC.

Phillip Struble v. State of Indiana (mem. dec.)
18A-CR-2851
Criminal. Affirms Phillip Struble’s two-year sentence for conviction of Level 6 felony operating a vehicle as a habitual traffic violator. Finds Struble’s sentence is not inappropriate in light of the nature of his offense and his character.

Elijah Z. Harris v. State of Indiana (mem. dec.)
18A-CR-779
Criminal. Affirms Elijah Harris’ murder conviction. Finds the Marion Superior Court did not abuse its discretion when it admitted, over Harris’ objection, a telephone call he made from jail. Also finds there is sufficient evidence to convict Harris for purposes of accomplice liability.

William C. Kinslow v. State of Indiana (mem. dec.)
18A-CR-2324
Criminal. Affirms the Marion Superior Court’s denial of William Kinslow’s motion to suppress illegal drugs and weapons found in his vehicle. Finds the police’s conduct was not unreasonable and therefore the placement of the electronic devices in the package and use of those devices to track Kinslow and the package did not violate his rights under Article 1, Section 11 of the Indiana Constitution.

Colton T. Vibbert v. State of Indiana (mem. dec.)
18A-CR-2122
Criminal. Affirms Colton Vibbert’s conviction and aggregate 50-year sentence for Level 2 felony dealing in methamphetamine. Also affirms his adjudication as a habitual offender. Finds the Allen Superior Court did not err in admitting evidence recovered pursuant to a consent to search and did not overlook a significant mitigating factor.

Hubert A. Kraemer v. State of Indiana (mem. dec.)
19A-CR-122
Criminal. Affirms Hubert Kraemer’s aggregate 12-year sentence for conviction of Level 3 felony neglect of a dependent and four counts of Level 6 felony neglect of a dependent. Finds Kraemer’s sentence is not inappropriate.

Travis K. Adamonis v. State of Indiana (mem. dec.)
18A-CR-3098
Criminal. Affirms Travis Adamonis’ aggregate three-year sentence for conviction of Level 5 felony possession of cocaine, Class A misdemeanor operating a vehicle while intoxicated, and Class B misdemeanor leaving the scene of an accident. Finds Adamonis’ sentence is not inappropriate based on the nature of the offense and his character.

Lyndale R. Ivy v. Mary Dorsett Kilgore, Anita Williams, and Corizon, Inc. (mem. dec.)
18A-MI-2840
Miscellaneous. Remands the Jennings Superior Court’s order to dismiss and correct venue for Lyndale Ivy’s civil complaint against Mary Dorsett Kilgore, Anita Williams, and Corizon, Inc. Directs the trial court to expressly determine whether preferred venue lies in Jennings County. If not, the court shall transfer the matter to Henry County. If transfer is not appropriate, the trial court shall consider whether Ivy has a claim against Williams for which relief can be granted.

Rolando Marquice Calhoun v. State of Indiana (mem. dec.)
18A-CR-2044
Criminal. Dismisses Rolando Calhoun’s appeal of his convictions of Level 5 felony domestic battery resulting in bodily injury to a pregnant woman; Level 5 felony strangulation; Level 5 felony intimidation; Level 6 felony pointing a firearm; a Level 6 felony kidnapping; and Level 6 felony domestic battery. Finds Calhoun has died and under Indiana Appellate Rule 17, the death of the appellant abates a criminal appeal.

Kortney D. Bowers v. State of Indiana (mem. dec.)
18A-CR-1680
Criminal. Affirms Kortney Bowers’ conviction of Level 2 felony dealing in methamphetamine and Level 6 felony possession of a narcotic. Finds the Huntington Superior Court did not abuse its discretion by admitting evidence that was seized during the search of a vehicle in which Bowers was a passenger. Rules the state presented sufficient evidence of Bowers’ intent to deliver methamphetamine.

Curtis L. Armour v. State of Indiana (mem. dec.)
18A-CR-2929
Criminal. Affirms Curtis Armour’s seven-year sentence following his guilty plea to one count of dealing cocaine. Holds the sentence is not inappropriate in light of the nature of the offense and the character of the offender.

In the Matter of the Termination of the Parent-Child Relationship of A.B., Mother, and H.M., Father, and J.B., K.B., and E.B., Children, et al. v. Indiana Department of Child Services (mem. dec.)
18A-JT-2374
Juvenile. Affirms the termination parental rights of A.B. (mother) and H.M. (father) to their children, J.B., K.B. and E.B. Finds based on the totality of the circumstances, the evidence supports the Elkhart Circuit Court’s determination that termination of the mother’s parental rights was in the children’s best interests. Rules that based on the record, the juvenile court was not in error to terminate that the parents’ parental rights.

Mindy J. Woliung v. State of Indiana (mem. dec.)
19A-CR-358
Criminal. Affirms the Ripley Superior Court’s revocation of four years of Mindy Woliung’s five-year suspended sentence for a probation violation. Holds the trial court was well within its discretion to sanction Woliung for her probation violation.  

Karrie Lutzke v. State of Indiana (mem. dec.)
18A-CR-2459
Criminal. Affirms Karrie Lutzke’s aggregate sentence of 180 days for her conviction of Class B misdemeanor home improvement fraud and 30 months for her conviction of Level 6 felony theft. Finds the St. Joseph Superior Court did not abuse its discretion in sentencing Lutzke.  

In the Matter of the Involuntary Termination of the Parent-Child Relationship of E.O. (Minor Child); T.G. (Mother) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
18A-JT-2864
Juvenile. Affirms the termination of parental rights of T.G. (mother) to her son, E.O. Rules the Marion Superior Court did not abuse is discretion when it denied T.G.’s motion for a continuance. Finds there is sufficient evidence to support the termination.  

Wendell Brown a/k/a Menes Ankh El v. State of Indiana (mem. dec.)
18A-CR-2594
Criminal. Affirms the denial of Wendell Brown’s petition for a writ of habeas corpus after the Marion Superior Court, finding he had violated the terms of his community placement and his probation, revoked his four-year alternative sentence and ordered him to serve the sentences in the Department of Correction. Finds the sentence imposed by the trial court is lawful and that Brown failed to establish he was denied any credit time to which he was entitled.  

In the Termination of the Parent-Child Relationship of: J.T. (Minor Child) and A.R. (Mother) & J.T., Sr. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-2899
Juvenile. Affirms the termination of parental rights of A.R. (mother) and J.T., Sr., (father) to their child, J.T., Jr. Rules that based on the record, it cannot weigh the Vanderburgh Superior Court’s termination of mother’s and father’s parental rights was clearly erroneous.