Opinions Jan. 14, 2022

Court of Appeals of Indiana
Sudhakar Kunwar v. State of Indiana (mem. dec.)
21A-PC-526
Post-conviction. Reverses the denial of Sudhakar Kunwar’s petition for post-conviction relief from his guilty plea of guilty to Level 6 felony sexual battery. Finds his guilty plea was not knowingly, intelligently and voluntarily entered and Kunwar is entitled to a new initial hearing. Remands for further proceedings. Judge Elaine Brown dissents with a separate opinion.

Michael Martin v. State of Indiana (mem. dec.)
21A-CR-827
Criminal. Affirms Michael Martin’s conviction and sentence for Level 5 felony attempted sexual misconduct with a minor and the court’s order that he register as a sex offender. Reverses his conviction for Class B misdemeanor battery and remands to vacate the judgment of conviction for the battery conviction.

Kathy J. Clapper v. State of Indiana (mem. dec.)
21A-CR-1507
Criminal. Affirms the Delaware Circuit Court’s order that Kathy Clapper serve the remainder of her sentence for drug related crimes in the Department of Correction. Finds no error with the trial court’s decision.

In the Involuntary Termination of the Parent-Child Relationship of: E.R and R.R. (Minor Children), and M.B. (Mother) and E.R. (Father) v. Indiana Department of Child Service (mem. dec.)
21A-JT-1602
Juvenile termination. Affirms the termination of M.B. and Er.R.’s parental rights to E.R. and R.R. Finds sufficient evidence supports the termination of Mother’s and Father’s parental rights.

Dinetra J. Simmons v. State of Indiana (mem. dec.)
21A-CR-1798
Criminal. Affirms in part, reverses in part Dinetra J. Simmons’ sentence imposed for conviction of Level 6 felony count of possession of cocaine and Class B misdemeanor possession of marijuana. Finds that the length of Simmons’ sentence is not inappropriate in light of the offense and the character of the offender. Remands with instructions that the court enter a corrected sentencing order committing Simmons to the county jail.