Opinions Oct. 2, 2020

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Indiana Court of Appeals
Carl Lee Hill v. State of Indiana
19A-CR-02083
Criminal. Affirms Carl Hill’s 14-year sentence for convictions in Marion Superior Court of two counts of Level 5 felony reckless homicide and his adjudication as a habitual offender. Finds his convictions are not double jeopardy. Rejects Hill’s challenge to his sentence but remands to correct his sentence to attach the habitual offender sentence to one of his reckless homicide sentences rather than as a separate offense.

Geovany Diaz v. State of Indiana
20A-CR-203
Criminal. Affirms Geovany Diaz’s 78-year sentence for conviction of murder, Level 5 felony robbery, and Level 2 felony robbery resulting serious bodily injury. Finds no double jeopardy under either pre-Wadle v. State law or the Wadle analysis. Finds his sentence is not inappropriate and that the Marion Superior Court did not abuse its discretion by not finding Diaz’s age to be a mitigator.

Kyle Nicholas Doroszko v. State of Indiana
20A-CR-1332
Criminal. Affirms the denial of Kyle Doroszko’s motion for release on bail following his arrest and charge for murder. Finds that St. Joseph Superior Court did not abuse its discretion in denying Doroszko’s request for release on bail.

B.G. v. State of Indiana (mem. dec.)
20A-JV-369
Juvenile. Affirms the juvenile court’s order committing B.G. to the Indiana Department of Correction until age 21 or until the DOC discharges him. Finds the Montgomery Circuit Court did not abuse its discretion in ordering him committed to DOC.

Kevin Ladell Robinson v. State of Indiana (mem. dec.)
19A-CR-2812
Criminal. Affirms the denial of Kevin Robinson’s motion to compel disclosure of audio recordings of two controlled drug buys that led to a search warrant and ultimately numerous narcotics-related criminal charges against him and from the grant of the state’s motion for a discovery protective order. Finds the Marion Superior Court did not abuse its discretion in certifying its order for interlocutory appeal or in denying Robinson’s motion to compel.

In re the Involuntary Termination of the Parent-Child Relationship of: M.T. (Minor Child), and J.M. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-737
Juvenile termination. Affirms the termination of J.M.’s parental rights to his child. Finds the termination in Ripley Circuit Court was not clearly erroneous.

Clark Middleton, Jr. v. State of Indiana (mem. dec.)
20A-CR-715
Criminal. Affirms Clark Middleton Jr.’s conviction of Level 4 felony dealing in cocaine and dealing in methamphetamine and his adjudication in Clark Circuit Court as a habitual offender. Finds Middleton’s 12-year sentence is not inappropriate in light of the nature of the offenses and his character.

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