Opinions April 9, 2020

Indiana Court of Appeals
Trent Dean McPhearson v. State of Indiana
19A-MI-3035
Miscellaneous. Affirms the Madison Circuit Court’s order vacating its previous order removing Trent McPhearson’s name from the Indiana Sex Offender Registry. Finds no error in the granting the attorney general’s motion to vacate since the AG’s office had not been notified of the removal petition as required by statute.

Jordan Collins v. State of Indiana (mem. dec.)
19A-CR-1563
Criminal. Affirms Jordan Collins’ conviction of Level 3 felony rape and Level 6 felony sexual misconduct with a minor and his aggregate eight-year sentence after a bench trial in Hancock Circuit Court. Collins waiver of a jury trial was personal, knowing, intelligent and voluntary, and the evidence supporting the rape conviction was sufficient.

In the Matter of the Termination of the Parent-Child Relationship of A.G., Mother, and D.G. and D.N., Minor Children, A.G. v. Indiana Department of Child Services (mem. dec.)
19A-JT-2171
Juvenile termination of parental rights. Affirms the Vanderburgh Superior Court’s termination of mother A.G.’s parental rights to D.G. and D.N., finding the juvenile court’s decision was not clearly erroneous.

Zachary G. Fellers v. State of Indiana (mem. dec.)
19A-CR-1916
Criminal. Affirms Zachary Fellers’ two-year sentence for Level 6 felony escape. The Huntington Superior Court did not commit reversible error in failing to identify as mitigators his guilty plea or the hardship his incarceration would have on his family. While the trial court abused its discretion in failing to consider his plea a mitigator, the error was harmless because of the substantial evidence against him.

J.F. v. State of Indiana (mem. dec.)
19A-JV-1748
Juvenile. Affirms J.F.’s delinquency adjudication in Marion Superior Court for what would be Level 5 felony robbery and intimidation if committed by an adult. Finds photos admitted as evidence were merely cumulative of J.F.’s admission, and his placement in the Department of Correction was not an abuse of discretion.

Bryan K. Peters v. State of Indiana (mem. dec.)
19A-CR-2017
Criminal. Affirms the Dearborn Superior Court order revoking Bryan Peters’ placement in community corrections and ordering him to serve the remainder of his sentence in the Department of Correction. The order was not an abuse of discretion.

Geraldine Holliday v. State of Indiana (mem. dec.)
19A-CR-1170
Criminal. Affirms Geralding Holliday’s conviction of two counts of Level 6 felony invasion of privacy and one-year executed sentence with two years suspended to probation after a bench trial in Allen Superior Court. Finds Holliday was not denied due process in the issuance of no-contact orders and the no-contact orders issued against her did not constitute excessive bail.

Samuel E. Newbold v. State of Indiana (mem. dec.)
19A-CR-2036
Criminal. Affirms Samuel Newbold’s conviction of Level 2 felony dealing in methamphetamine; Level 3 felony possession of methamphetamine; Level 4 felony counts of possession of methamphetamine and unlawful possession of a firearm by a serious violent felon; Level 6 felony possession of a narcotic drug; and his adjudiction as a habitual offender, resulting in a 40-year sentence. The Vanderburgh Circuit Court’s acceptance of a race-neutral peremptory strike of a potential African American juror was not clearly erroneous.

Marcus Noy v. State of Indiana (mem. dec.)
19A-CR-2787
Criminal. Reaffirms Marcus Noy’s conviction of Level 2 felony dealing in cocaine and Level 3 felony possession of a narcotic drug in Howard Superior Court resulting in a 46-year aggregate sentence, with 16 years suspended to probation. Finds in this, Noy’s second appeal, that the trial court did not err in denying his counsel’s motion to withdraw or in sentencing, that his claims regarding his defense counsel are barred by the law of the case doctrine and that the trial court did not err in imposing consecutive sentences.

Lisa R. Carpenter, nka Ball v. Jack L. Carpenter (mem. dec.)
19A-DN-2512
Domestic relation, no children. Affirms in part and reverses in part the Marshall Circuit Court order distributing marital property after a divorce. Finds Lisa Ball was not deprived due process, and the valuation of the marital residence was within the evidence presented by the parties and not an abuse of discretion. Finally, finds that awarding Carpenter 80% of the value of the marital residence is clearly against the logic and effect of the facts and circumstances before the court. Remands to recalculate the division of marital property accordingly.

In the Matter of the Termination of the Parent-Child Relationship of T.B. (Child) and S.M. (Father); S.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1242
Juvenile termination of parental rights. Affirms the Orange Circuit Court’s termination of father S.M.’s parental rights to T.B., finding the trial court did not err when it adjudicated T.B. a child in need of services without father’s admission or when it allegedly did not offer father services for reunification.

Daniel R. Collar II v. State of Indiana (mem. dec.)
19A-CR-1632
Criminal. Affirms Daniel Collar II’s conviction in Noble Circuit Court of Level 5 felony intimidation and his adjudication as a habitual offender. Finds Collar was not deprived of a speedy trial, the trial court did not abuse its discretion by admitting security video evidence, and his 12-year sentence is not inappropriate.

John M. Ross v. State of Indiana (mem. dec.)
19A-CR-1725
Criminal. Affirms the Ohio Circuit Court’s calculation of credit time for John Ross after he pleaded guilty to Level 4 felony conspiracy to deal methamphetamine and Level 5 felony possession of methamphetamine. Finds the language of Ross’ plea unambiguously entitled him only to any credit time he had properly accrued “for time served” on the instant cause.

Jeremy Nathan Wilson v. State of Indiana (mem. dec.)
19A-CR-2156
Criminal. Affirms Jeremy Wilson’s conviction of Level 6 felony domestic battery resulting in moderate bodily injury and his adjudication as a habitual offender. The Hamilton Superior Court did not err in instructing the jury.

James J. Green III v. State of Indiana (mem. dec.)
18A-PC-3013
Post-conviction. Affirms the denial of James J. Green III’s petition for post-conviction relief. Finds the post-conviction court did not err in determining Green did not receive the ineffective assistance of trial counsel.