Opinions Feb. 18, 2022

Court of Appeals of Indiana
L.M. v. Review Board of the Indiana Department of Workforce Development
21A-EX-990
Agency action. Reverses the Review Board of the Indiana Department of Workforce Development’s decision to affirm an administrative law judge’s ruling that L.M. did not timely file an appeal regarding her denial of pandemic unemployment assistance benefits. Finds a denial sent electronically is sent the same day it was received, so L.M.’s appeal was timely. Remands for further proceedings.

Edgar Pimentel, Jr. v. State of Indiana
21A-CR-994
Criminal. Affirms Edgar Pimentel Jr.’s convictions of Level 5 felony possession of a narcotic drug and Level 6 felony unlawful possession of a syringe as well as his adjudication as a habitual offender. Finds the Jay Circuit Court did not err in denying Pimentel’s motion to dismiss the unlawful possession of a syringe charge. Also finds sufficient evidence to support the convictions.

Lee Evans Dunigan v. Brenshira Young (mem. dec.)
20A-DN-2273
Domestic relations, no children. Grants the petition for rehearing to clarify the memorandum decision, but affirms the decision in all respects. Finds that while Lee Evans Dunigan did in fact request spousal maintenance from the Tippecanoe Superior Court, his belated petition for rehearing is his fourth bite at the apple after the issuance of the memorandum decision.

Jeramy L. Heavrin v. State of Indiana (mem. dec.)
21A-CR-712
Criminal. Affirms Jeramy L. Heavrin’s conviction for Class A misdemeanor domestic battery. Finds Heavrin waived his right to a jury trial. Also finds the Floyd Superior Court did not abuse its discretion in the admission of evidence. Finally, finds the evidence was sufficient to support Heavrin’s conviction.

Linda Darby v. State of Indiana (mem. dec.)
21A-PC-1081
Post-conviction. Affirms the denial of Linda Darby’s petition for post-conviction relief challenging her conviction of murder. Finds Darby was not denied due process of law in the post-conviction proceedings, nor was she denied the effective assistance of trial counsel.

Alexander Stephen Elston v. State of Indiana (mem. dec.)
21A-CR-1653
Criminal. Affirms the Wells Circuit Court’s order that Alexander Stephen Elston serve the balance of his previously suspended sentence for violating his probation for the fourth time in one year. Finds the trial court did not abuse its discretion in ordering him to serve the balance of his previously suspended sentence in the Department of Correction.

Jakeb A. Wells v. State of Indiana (mem. dec.)
21A-CR-1663
Criminal. Affirms Jakeb Wells’ conviction for murder and Class A misdemeanor carrying a handgun without a license. Finds that any error the Marion Superior Court might have made in admitting a video of Wells holding a handgun was harmless. Also finds the trial court did not deny the jurors their right to question any witness.

In the Matter of: Ma.M. and Mi.M. (Minor Children), and M.M. (Mother) v. Indiana Department of Child Services and Kids’ Voice of Indiana (mem. dec.)
21A-JC-1767
Juvenile CHINS. Affirms the adjudication of mother M.M.’s children, Ma.M. and Mi.M., as children in need of services. Finds the evidence supports the findings challenged by M.M. Also finds the Marion Superior Court’s findings support its conclusion that the children are CHINS.

Cody Joel Miller v. State of Indiana (mem. dec.)
21A-CR-1779
Criminal. Affirms Cody Miller’s nine-year sentence, with six years executed and three years suspended to supervised probation, for Level 4 felony child molesting. Finds Miller has not proven his sentence is inappropriate.

Andre Monte Wade v. State of Indiana (mem. dec.)
21A-CR-1845
Criminal. Affirms Andre Wade’s four-year sentence, with 1½ years executed in the Indiana Department of Correction, 1½ years in Tippecanoe County Community Corrections and one year suspended to probation, for his conviction of Level 5 felony dealing in a substance represented to be a controlled substance. Finds his sentence is not inappropriate in light of the nature of the offense and his character.

Makyi Toliver v. State of Indiana (mem. dec.)
21A-CR-1882
Criminal. Affirms Makyi Toliver’s conviction for felony murder. Finds the state presented substantial evidence of probative value from which a reasonable trier of fact could have concluded beyond a reasonable doubt that Toliver was guilty of murder.

J.H. v. State of Indiana (mem. dec.)
21A-JV-1928
Juvenile. Affirms J.H.’s pre-adjudication detention issued after the state filed a delinquency petition alleging he committed acts that, if committed by an adult, would constitute Level 5 felony reckless homicide, Level 6 felony criminal recklessness, Level 5 felony possession of an altered handgun and Class A misdemeanor carrying a handgun without a license, as well as his current placement in the Department of Correction. Finds the Lake Superior Court did not abuse its discretion when it denied J.H.’s multiple requests for release from detention prior to his delinquency hearing. Also finds no abuse of discretion in placing J.H. in the DOC.

Lisa Joann Lisk v. State of Indiana (mem. dec.)
21A-CR-2035
Criminal. Affirms the revocation of Lisa Lisk’s direct commitment to a community corrections program. Finds sufficient evidence to support the revocation.