Opinions Sept. 2, 2022

Court of Appeals of Indiana
Khalil Payne v. State of Indiana (mem. dec.)
21A-CR-2813
Criminal. Affirms Khalil Payne’s conviction of unlawful possession of a firearm by a serious violent felon as a Level 4 felony. Finds the Tippecanoe Superior Court did not abuse its discretion when it provided the jury with a supplemental instruction on possession during deliberations.

Olivier Dusabe v. State of Indiana (mem. dec.)
21A-CR-2841
Criminal. Affirms Olivier Dusabe’s conviction of Level 3 felony attempted rape. Finds the evidence sufficient to support the conviction.

Ricky L. Brochin II v. State of Indiana (mem. dec.)
22A-CR-157
Criminal. Affirms Ricky L. Brochin II’s conviction of Level 2 felony robbery and the finding that he is a habitual offender. Finds the Knox Circuit Court did not abuse its discretion in denying Brochin’s motion to file a belated notice of alibi and excluding his alibi evidence.

James Diamond v. Cassandra Schwartz (mem. dec.)
22A-DN-185
Domestic relations no children. Affirms the denial of James Diamond’s Trial Rule 60(B) motion for relief from judgment following the dissolution of his marriage to Cassandra Schwartz and division of assets in Cassandra’s favor. Finds the Marion Superior Court did not abuse its discretion when it denied James’ motion for relief from judgment. Denies Cassandra’s request for appellate attorney fees.

Isaac Agbolosoo v. Ruth Agbolosoo (mem. dec.)
22A-DC-497
Domestic relations with children. Affirms and reverses in part the decree of dissolution of the marriage of Isaac and Ruth Agbolosoo, which ordered Isaac to pay Ruth $352 per week in child support and $14,712 in retroactive child support. Finds the Bartholomew Circuit Court did not err in calculating Isaac’s weekly child support, but its assessment of credits owed to Isaac relative to the retroactive child support calculation is contrary to the record. Remands with instructions to credit the 2021 Discover Card balance to Isaac’s retroactive child support obligation.