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Dylan T. Myers v. State of Indiana
22A-CR-3022
Criminal. Affirms Dylan T. Myers’ conviction of neglect of a dependent resulting in catastrophic injury as a Level 1 felony and his 30-year sentence. Finds the state presented sufficient evidence to support Myers’ conviction. Also finds the sentence imposed on Myers’ conviction under the neglect statute as a Level 1 felony does not offend the proportionality clause of the Indiana Constitution.
Richard Pigott v. State of Indiana
22A-CR-2999
Criminal. Reverses Richard Lynell Pigott’s conviction of Level 5 felony dealing in methamphetamine. Finds sufficient evidence that Pigott possessed meth, but insufficient evidence that he intended to deliver it. Remands with instructions to enter judgment of conviction for Level 6 felony possession of meth and to resentence Pigott accordingly. Judge Peter Foley dissents with separate opinion.
In the Matter of the Adoption of T.W.B. (Minor Child), S.G. (Mother) v. J.G. (Guardian) (mem. dec.)
23A-AD-735
Adoption. Affirms the grant of J.G.’s petition to adopt T.W.B., the child of mother S.G. Finds the Jefferson Circuit Court did not err when it concluded that S.G.’s consent to T.W.B.’s adoption was not required.
William Simon v. State of Indiana (mem. dec.)
22A-CR-3030
Criminal. Affirms William Simon’s convictions of Level 5 felony battery by means of a deadly weapon and Class A misdemeanor carrying a handgun without a license. Finds the state presented sufficient evidence to rebut Simon’s claims of self-defense and necessity.
Elon Edgar Howe v. State of Indiana (mem. dec.)
22A-CR-2171
Criminal. Affirms Elon Edgar Howe’s convictions of Level 3 felony rape and Level 5 felony incest and his aggregate 20-year sentence. Finds the Porter Superior Court did not abuse its discretion by finding sufficient indicia of reliability and admitting challenged statements into evidence at trial. Also finds Howe’s incest charge is not included in the rape charge, either inherently or factually as charged, so there is no violation of double jeopardy. Finally, finds any error in imposing consecutive sentences was harmless, and Howe’s sentence is not inappropriate.
Jonathan Washington v. State of Indiana (mem. dec.)
23A-CR-872
Criminal. Affirms Jonathan Washington’s sentence to an aggregate of seven years, with six years executed in the Department of Correction and one year executed in community corrections, for his convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor resisting law enforcement, Class B misdemeanor possession of marijuana and Class C misdemeanor operating a motor vehicle without ever receiving a license. Finds the Tippecanoe Superior Court did not abuse its discretion in its evaluation of mitigators. Also finds Washington’s sentence is not inappropriate.
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