Opinions Sept. 5, 2019

Indiana Court of Appeals
Corey Lamar Winters v. State of Indiana
19A-CR-431
Criminal. Affirms Corey Winters’ conviction in Marion Superior Court of Class C misdemeanor operating a vehicle with an alcohol concentration equivalent of .08 or more. Finds there is sufficient evidence to support his conviction.

Benjamin J. Selig v. State of Indiana (mem. dec.)
19A-CR-535
Criminal. Affirms the revocation of Benjamin Selig’s probation and order that he serve the balance of his previously suspended sentence. Finds the Vigo Superior Court did not abuse its discretion.

Percy Scott v. State of Indiana (mem. dec.)
19A-CR-196
Criminal. Affirms Percy Scott’s nine-year sentence for conviction of Level 3 felony rape. Finds the sentence is not inappropriate in light of the nature of the offense and Scott’s character.

Willie M. Taggett v. State of Indiana (mem. dec.)
18A-CR-3048
Criminal. Affirms the revocation of Willie Taggett’s home detention and order that he serve 400 days of his sentence at the Department of Correction. Finds the Ripley Superior Court did not abuse its discretion. Judge Elaine Brown concurs in result without opinion.

T.B. v. State of Indiana (mem. dec.)
19A-JV-57
Juvenile. Affirms the Wabash Circuit Court’s dispositional order committing juvenile T.B. to the Indiana Department of Correction. Finds the dispositional order did not fail to comport with statutory requirements and that the juvenile court did not err when it did not consider less restrictive alternatives for placement.

X.H. v. State of Indiana (mem. dec.)
19A-JV-335
Juvenile. Dismisses X.H.’s appeal of the denial of his motion to dismiss the allegation that he is a delinquent for an act that would be considered Level 4 felony child molesting if committed by an adult. Finds the Indiana Court of Appeals does not have jurisdiction over X.H.’s appeal because a final dispositional decree has not been entered by Warrick Circuit Court.

Frederick Tickle v. State of Indiana (mem. dec.)
19A-CR-622
Criminal. Affirms Frederick Tickle’s five-year sentence for conviction in Decatur Superior Court of Level 6 felony operating a vehicle while intoxicated with a prior OWI conviction; Level 6 felony operating a vehicle as a habitual traffic violator; and being a habitual vehicular substance offender. Finds Tickle’s sentence is not inappropriate.

Gregory Alan Caudle v. State of Indiana (mem. dec.)
18A-PC-2292
Post conviction. Affirms the Marion Superior Court’s denial of Gregory Caudle’s petition for post conviction relief. Finds the relief was properly denied.

Kalen Posley v. State of Indiana (mem. dec.)
19A-CR-838
Criminal. Affirms Kalen Posley’s conviction of Class A misdemeanor criminal trespass and Class B misdemeanor disorderly conduct. Finds there is sufficient evidence to support the conviction from Marion Superior Court.

Troy Gaines v. State of Indiana (mem. dec.)
18A-CR-1560
Criminal. Affirms Troy Gaines’ aggregate 20-year sentence for four counts of Level 5 felony sexual misconduct with a minor. Finds the Crawford Circuit Court did not interject itself on Gaines’ behalf and did not abuse its discretion by denying the motions for mistrial and instructing the jury to disregard certain testimony. Finds the sentence is not inappropriate in light of the nature of the offense and Gaines’ character.

In Re: The Paternity of H.M.H., Brian Garrett v. Donald Wayne Hall, Jr., Jane Hall, and Trisha Hall (mem. dec.)
19A-JP-454
Juvenile paternity. Affirms the Newton Circuit Court’s order denying what Brian Garrett states was a petition to establish paternity and for visitation. Finds Garrett failed to provide the appellate court with either an understandable statement of facts explaining the nature of the case and his claims or the documents needed to review his claims.