Opinions Sept. 13, 2023

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Court of Appeals of Indiana
Ajay Kumar v. State of Indiana (mem. dec.)
22A-CR-2848
Criminal. Affirms the denial of Ajay Kumar’s motion to withdraw his guilty plea to two counts of Level 6 felony sexual battery, and the denial of his motion to alter the terms of his probation. Finds the Marion Superior Court did not abuse its discretion in denying Kumar’s motion to withdraw his guilty plea because Kumar failed to observe a statutory requirement for a verified request. Also finds the trial court did not abuse its discretion in refusing Kumar’s request to be allowed to have unapproved trips out of the state. Finally, finds the prohibition on Kumar having contact with children under 16 years old is reasonable.

Craig Allen Modesitt v. State of Indiana (mem. dec.)
23A-CR-614
Criminal. Affirms Craig Modesitt’s sentence to an aggregate term of 20 years for convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor marijuana possession, Class C misdemeanor possession of paraphernalia and being a habitual offender. Finds the sentence is not inappropriate, and the Tippecanoe Superior Court did not abuse its discretion.

Eldridge Fisher v. State of Indiana (mem. dec.)
23A-CR-847
Criminal. Affirms the Cass Circuit Court’s decision to revoke Eldridge Fisher’s probation and order for him to execute the remaining 3,550 days of his sentence. Finds the trial court did not abuse its discretion.

T.J. v. State of Indiana (mem. dec.)
23A-JV-600
Juvenile. Affirms the Gibson Circuit Court’s commitment of T.J. to the Indiana Department of Correction. Finds the juvenile court did not abuse its discretion.

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