Opinions April 20, 2020

Indiana Court of Appeals
Kurtis L. Shorter v. State of Indiana
18A-CR-02957
Criminal. Affirms Kurtis Shorter’s aggregate 30-year sentence for conviction of Level 4 felony unlawful possession of a handgun by a serious violent felon, Class A misdemeanor possession of a synthetic drug, Class B misdemeanor possession of marijuana and his habitual offender adjudication. Finds the Elkhart Superior Court did not abuse its discretion in admitting the challenged evidence at trial. Finds the evidence is sufficient to sustain Shorter’s convictions and that the trial court did not err in denying Shorter’s motion to dismiss the habitual-offender enhancement.

Cynequia Latria Glover v. State of Indiana (mem. dec.)
19A-CR-2572
Criminal. Affirms Cynequia Glover’s 22-year sentence with two years suspended to probation for conviction in Lake Superior Court of voluntary manslaughter. Finds her sentence is not inappropriate in light of the nature of the offense and her character.

Dacota Hughes v. State of Indiana (mem. dec.)
19A-CR-2285
Criminal. Affirms the revocation of Dacota Hughes’ probation and order that he serve the balance of his previously suspended sentence. Finds the Vigo Superior Court acted well within its discretion to order Hughes to serve the remainder of his previously suspended sentence.

Jeffery R. Buckley v. State of Indiana (mem. dec.)
19A-CR-1028
Criminal. Reverses Jeffery Buckley’s 60-year sentence for conviction of murder and remands for a new trial. Finds the Marion Superior Court abused its discretion in refusing to instruct the jury on reckless homicide.   

Sam M. McFarland v. State of Indiana (mem. dec.)
19A-CR-2585
Criminal. Affirms Sam McFarland’s conviction of Level 6 felony operating a vehicle while intoxicated and Class A misdemeanor resisting law enforcement. Finds sufficient evidence to support his conviction of Level 6 felony OWI.

In the Matter of the Commitment of J.K., J.K. v. Community Health Network, Inc. (mem. dec.)
19A-MH-1886
Mental Health. Affirms the Marion Superior Court’s order temporarily committing J.K. to Community North Hospital. Finds the Marion Superior Court’s order finding that J.K. is gravely disabled is supported by clear and convincing evidence.

Erika Elizabeth Johnson v. State of Indiana (mem. dec.)
19A-CR-2885
Criminal. Affirms the Lake Superior Court’s order that Erika Johnson’s sentence for conviction of Level 4 felony burglary run consecutively to the sentences for her two separate burglary convictions. Finds no abuse of discretion in so ordering.

Marcius Strawhorn and HSD of Central Indiana, LLC v. Town of Hillsboro, Indiana (mem. dec.)
19A-MI-893
Miscellaneous. Affirms a finding from the Fountain Circuit Court that Marcius Strawhorn and HSD of Central Indiana, LLC were in violation of the Town of Hillsboro’s Nuisance Ordinance. Finds Strawhorn failed to establish that the town’s enforcement of the Nuisance Ordinance against him violated his due process rights. Finds sufficient evidence to sustain a finding that Strawhorn was maintaining a nuisance on the property at all times.

Adam Christopher Avila v. State of Indiana (mem. dec.)
19A-CR-1619
Criminal. Affirms Adam Avila’s six-year aggregate sentence for conviction in Tippecanue Circuit Court of Level 4 felony sexual misconduct with a minor and Level 6 felony possession of child pornography. Finds Avila has failed to show that his sentence is inappropriate.

Anthony Epeards v. State of Indiana (mem. dec.)
19A-CR-2593
Criminal. Affirms Anthony Epeards’ nine-year sentence for conviction of Level 4 felony sexual misconduct with a minor. Finds no abuse of discretion in the Greene Circuit Court’s rejection of the proposed employment-related mitigating factor.

James Kevin Arington v. Eaton’s Trucking Service, Inc. (mem. dec.)
19A-EX-1732
Agency. Affirms the Full Worker’s Compensation Board’s affirmation of the decision of a single hearing member who concluded that James Arington was ineligible for further worker’s compensation benefits. Finds that the board properly affirmed the decision that Arington was ineligible for further benefits and that Arington did not prove his employer acted in bad faith. Also declines to award attorney fees to his employer.

Anthony A. Parish v. State of Indiana (mem. dec.)
19A-PC-2645
Post conviction. Affirms the Allen Superior Court’s denial of Anthony Parish’s petition for post conviction relief. Finds reversal is not warranted.

Douglas Kelly Clark v. State of Indiana (mem. dec.)
19A-CR-2252
Criminal. Affirms in part, reverses in part, and remands to the Huntington Circuit Court with instructions to vacate the 6½ -half years of Douglas Clark’s aggregate 13½ -year sentence that were suspended to probation for conviction of criminal recklessness, a Level 5 felony; carrying a handgun without a license, a Level 5 felony; and three counts of neglect of a dependent, all Level 6 felonies. Finds his sentence is not inappropriate and that the trial court did not err in concluding that Clark knowingly and voluntarily waived his right to be present at his trial.

Jeffery Manley McMillen v. State of Indiana (mem. dec.)
19A-CR-2549
Criminal. Affirms Jeffery McMillen’s conviction of Level 5 felony domestic battery and Class A misdemeanor interference with the reporting of a crime. Finds sufficient evidence to support McMillen’s conviction in Shelby Circuit Court.