Opinions Oct. 26, 2022

Court of Appeals of Indiana
Lawerance Knighten v. State of Indiana (mem. dec.)
22A-CR-454
Criminal. Affirms Lawerance Knighten’s conviction of Level 1 felony child molesting. Finds the state did not commit fundamental error by engaging in prosecutorial misconduct during both voir dire and closing argument.

Joshua Hentgen v. State of Indiana (mem. dec.)
22A-CR-717
Criminal. Affirms the revocation of Joshua Hentgen’s suspended sentence. Finds the Miami Superior Court did not abuse its discretion in ordering Hentgen to serve his entire previously suspended sentence at the Indiana Department of Correction.

Amanda K. Huff v. State of Indiana (mem. dec.)
22A-CR-583
Criminal. Affirms Amanda Huff’s convictions of Level 4 felony leaving the scene of an accident resulting in death or catastrophic injury and Level 4 felony causing death when operating a vehicle with a Schedule I or II controlled substance or its metabolite in the blood, and her aggregate 15-year sentence, with three years of probation. Finds there was sufficient independent evidence of the charged crimes prior to the admission of Huff’s statement acknowledging that she drove. Also finds the Spencer Circuit Court did not abuse its discretion in the admission of evidence. Finally, finds the trial court did not abuse its discretion in sentencing Huff, nor did it abuse its discretion in imposing consecutive sentences.

Casey Lee McPhearson v. State of Indiana (mem. dec.)
22A-CR-504
Criminal. Affirms Casey McPhearson’s aggregate six-year sentence for Level 5 felony criminal confinement and Level 6 felony domestic battery. Finds McPhearson’s sentence is not inappropriate in light of the nature of the offense and his character.

In Re Paternity of: Addison Victoria Jacobs, Brooklyn Kay Jacobs, and Keegan Wayne Jacobs. Jerry W. Jacobs, Jr. v. Erica L. Shelley (mem. dec.)
22A-JP-895
Juvenile paternity. Affirms the Delaware Circuit Court’s order setting child support, determining a vehicle titled in father Jerry Jacobs’ name was a gift to mother Erica Shelley, and ordering Jacobs to pay a portion of Shelley’s attorney fees. Finds the trial court did not err with respect to either the provisional or the permanent child support orders and did not err in finding the vehicle was a gift. Also finds that although the finding Jacobs challenges is not supported by the evidence, it was not the basis for any conclusion being appealed and is therefore not reversible error. Finally, finds the trial court did not abuse its discretion in ordering Jacobs to pay a portion of Shelley’s attorney fees.

Fredrick Goodloe v. State of Indiana (mem. dec.)
22A-CR-222
Criminal. Affirms Fredrick Goodloe’s convictions of four counts of Class A felony child molesting and his 105-year sentence. Finds the state presented sufficient evidence to support Goodloe’s conviction of child molesting by sexual intercourse. Also finds Goodloe’s sentence was not inappropriate.

A.M. v. Review Board of the Indiana Department of Workforce Development (mem.dec.)
22A-EX-234
Agency. Affirms the decision of the Review Board of the Indiana Department of Workforce Development, which affirmed the denial of A.W.’s claim for unemployment benefits. Finds the review board’s decision is not erroneous.

Justin Lacy v. State of Indiana (mem. dec.)
22A-CR-1087
Criminal. Affirms the revocation of Justin Lacy’s probation and the Madison Circuit Court’s order that he serve the entire previously suspended portion of his sentence in the Department of Correction. Finds that given the totality of the facts and circumstances, the trial court did not abuse its discretion in finding that the state satisfied its burden of proving by a preponderance of the evidence that Lacy had violated the terms of his probation by committing new criminal acts. Also finds the trial court did not abuse its discretion by fully revoking Lacy’s probation.