Opinions Sept. 25, 2023

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Court of Appeals of Indiana
Robert J. Plato v. State of Indiana
23A-PC-452
Post-conviction relief. Affirms the Madison Circuit Court’s judgment that Robert Plato did not have ineffective assistance of appellate counsel. Finds the post-conviction court did not err and that Detective LeeAnn Dwiggins acted within the scope of the warrant when she seized Plato’s computer. Judge Rudolph Pyle dissents with a separate opinion.

Theodore J. Canonge Jr. v. State of Indiana
22A-CR-2451
Criminal. Affirms the denial of Theodore Canonge’s motion to suppress evidence obtained from a vehicle search. Finds law enforcement had independent reasonable suspicion to conduct the dog sniff in Canonge’s vehicle. Judge Melissa May dissents with a separate opinion.

Frank J. McKeon v. Amanda L. McKeon (mem. dec.)
22A-DC-2751
Domestic relations with children. Affirms the Hamilton Superior Court’s judgment settling child support and property issues following the dissolution of Frank McKeon and Amanda McKeon’s marriage. Finds no error in the trial court’s judgment.

Demerio L. Strong v. State of Indiana (mem. dec.)
23A-CR-824
Criminal. Affirms the Madison Circuit Court’s revocation of Demerio Strong’s probation after finding he committed unlawful possession of a firearm by a serious violent felon and resisting law enforcement. Finds that the state proved by a preponderance of the evidence Strong possessed a firearm, which is sufficient to support the trial court’s revocation of Strong’s probation.

Brandon Butterfield v. State of Indiana (mem. dec.)
23A-CR-558
Criminal. Affirms Brandon Butterfield’s convictions for Class A misdemeanor domestic battery and Class B misdemeanor criminal mischief. Finds there was sufficient evidence to support his convictions.

In the Matter of the Paternity of J.D. (Minor Child), Philip J. Dukett v. Symona R. Miles (mem. dec.)
23A-JP-1030
Juvenile paternity. Dismisses Philip Dukett’s pro se appeal of the Marion Circuit Court’s order on modification. Finds multiple violations of Indiana Appellate Rules and lack of a cogent argument.

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