Opinions Oct. 26, 2023

Court of Appeals of Indiana
D.M. v. State of Indiana
23A-JV-395
Juvenile. Reverses D.M.’s adjudication as a delinquent child for dangerous possession of a firearm. Affirms D.M.’s adjudications for possession of a firearm on school property and criminal recklessness. Finds the adjudications for possession of a firearm on school property and dangerous possession of a firearm constitute double jeopardy. Also finds the state presented sufficient evidence to support the adjudication for criminal recklessness. Remands with instructions to vacate the dangerous possession adjudication. Judge L. Mark Bailey concurs in result with separate opinion.

Isaac Wesley Plouch v. State of Indiana
23A-CR-436
Criminal. Affirms the denial of Isaac Plouch’s discovery request. Finds that because the Porter Superior Court conducted an in camera review of the journal and determined that it had released the relevant information to Plouch, denying Plouch’s request to review P.M.’s journal in its entirety was not an abuse of discretion. Remands for further proceedings.

Larry Lee Jackson, Jr. v. State of Indiana
22A-CR-2955
Criminal. Affirms Larry L. Jackson Jr.’s conviction of Level 3 felony aggravated battery. Finds the Marion Superior Court did not err in instructing the jury on aggravated battery, nor did it abuse its discretion in instructing the jury on self-defense. Finally, finds the trial court did not err in the admission of evidence.

 Jason Dane Brown v. State of Indiana
22A-CR-01241
Criminal. Affirms Jason Dane Brown’s conviction of murder. Finds the state did not violate Brown’s due process rights to a defense when it did not preserve his blood sample because the state never possessed the blood sample. Also finds any error in the admission of Brown’s urinalysis was harmless because there existed sufficient evidence outside the urinalysis to disprove his defense. Finally, finds the state presented sufficient evidence to rebut Brown’s defense and prove that he committed murder.

Anthony Cobb v. State of Indiana
22A-CR-2085
Criminal. Affirms Anthony Cobb’s convictions of Class C misdemeanor operating a vehicle while intoxicated, Class A misdemeanor resisting law enforcement and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Lake Superior Court did not abuse its discretion in admitting evidence from the warrantless search of Cobb’s vehicle, nor did it abuse its discretion in admitting recorded phone calls. Also finds Cobb waived his appellate challenge to the exclusion of a video clip. Finally, finds the trial court did not abuse its discretion in declining to give the proposed “reasonable theory of innocence” jury instruction.

Robert Sickle v. JTJ Indiana, LLC
23A-PL-644
Civil plenary. Affirms the denial of Robert Sickle’s motion to set aside a default judgment against him on JTJ Indiana LLC’s complaint to quiet title to a residential property in Indianapolis. Finds JTJ was not required to name Sickle as a defendant in the quiet title action, and Sickle cannot be heard to complain that he was not served with the complaint.

Andrew S. Raines v. State of Indiana (mem. dec.)
23A-CR-505
Criminal. Affirms Andrew Raines’ conviction of Level 6 felony theft and Class A misdemeanor battery resulting in serious bodily injury. Finds the state presented sufficient evidence to support the battery conviction.

Brandon Kaiser v. State of Indiana (mem. dec.)
22A-CR-2705
Criminal. Affirms Brandon Kaiser’s convictions of various felonies and misdemeanors. Finds the probable effect of the standoff evidence on the jury was minimal and did not prejudice Kaiser’s substantial rights, including his right to a fair trial. Also finds the evidence was sufficient to allow the jury’s rejection of Kaiser’s self-defense claim. Finally, finds the Marion Superior Court erred in merging, but not vacating, two of Kaiser’s aggravated battery convictions. Remands with instructions to vacate Kaiser’s convictions for counts II and IV, aggravated battery.

Daniel Morgan v. State of Indiana (mem. dec.)
23A-CR-260
Criminal. Affirms Daniel Morgan’s convictions of three counts of child molesting, one as a Level 1 felony and two as Level 4 felonies, and one count of Level 5 felony child molesting, as well as his aggregate 30-year sentence, with five years suspended. Finds any error in the admission of evidence was harmless. Also finds Morgan’s sentence is not inappropriate. Finally, finds the discrepancy between the Marion Superior Court’s oral sentencing statement and written sentencing order requires remand for correction of Morgan’s sentence.

DeJuan L. Clardy v. State of Indiana (mem. dec.)
23A-CR-336
Criminal. Affirms DeJuan Clardy’s convictions of two counts of child molesting, one as a Level 1 felony and one as a Level 4 felony. Finds the Marion Superior Court’s comments on Clardy’s decision not to testify did not violate his Fifth Amendment right against self-incrimination. Also finds the state presented sufficient evidence to support Clardy’s convictions.

Christopher L. Akinyemi v. State of Indiana (mem. dec.)
23A-CR-564
Criminal. Affirms Christopher Akinyemi’s conviction of Level 3 felony robbery and his adjudication as a habitual offender. Finds the state presented sufficient evidence. Also finds the Marion Superior Court did not commit fundamental error when it allowed the state to file a habitual offender charge two days prior to trial. Finally, finds Akinyemi has not demonstrated that even if the trial court knew it could nullify his habitual offender adjudication, it would have.

Candida D. Bentoski v. State of Indiana (mem. dec.)
23A-CR-677
Criminal. Affirms the order for Candid D. Bentoski to serve one year of her previously suspended sentence after she pleaded guilty to violating her probation. Finds the Montgomery Superior Court did not abuse its discretion.

Jeremiah Allen Hendricks, Jr. v. State of Indiana (mem. dec.)
22A-CR-3015
Criminal. Affirms Jeremiah Hendricks Jr.’s conviction of attempted murder. Finds Hendricks waived his argument that one of the jury instructions on self-defense incorrectly stated the law.

Juan Manual Correa, Jr. v. State of Indiana (mem. dec.)
23A-CR-229
Criminal. Affirms Juan Correa’s conviction of unlawful possession of a firearm by a serious violent felon and his 10-year sentence, with two years suspended to probation. Finds Correa’s challenged statements to officers were admissible. Also finds sufficient evidence supports his conviction. Finally, finds Correa’s sentence is not inappropriate.

Adjani Dee Dowell v. State of Indiana (mem. dec.)
23A-CR-1235
Criminal. Reverses the revocation of Adjani Dowell’s probation imposition of the entirety of his previously suspended sentence after he admitted to having violated the terms of his probation. Finds the Vanderburgh Circuit Court violated Dowell’s due process rights when it failed to adequately advise him of his rights before it accepted his admission. Remands for a new hearing.

In re: the Involuntary Termination of the Parent Child Relationship of: K.P. (Minor Child), and C.P. (Father) v. Indiana Department of Child Services, and Kids’ Voice of Indiana (mem. dec.)
23A-JT-1170
Juvenile termination of parental rights. Affirms the involuntary termination of father C.P.’s parental rights to his child, K.P. Finds the Marion Superior Court’s findings support its conclusion that the conditions under which K.P. was removed would not be remedied.

Brian R. Hook v. State of Indiana (mem. dec.)
23A-PC-876
Post-conviction relief. Affirms the denial of Brian R. Hook’s petition for post-conviction relief. Finds Hook did not demonstrate that he received ineffective assistance of trial counsel.