Opinions Sept. 4, 2019

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Indiana Court of Appeals
Jaron Leekingdus Ratliff v. State of Indiana
18A-CR-2387
Criminal. Affirms the Delaware Circuit Court’s denial of Jaron Ratliff’s motion to discharge his two charges of Class A felony dealing in cocaine. Finds the trial court did not abuse its discretion when it denied Ratliff’s motion to discharge pursuant to Indiana Criminal Rule 4(C). Finds the trial court’s decision did not violate Ratliff’s Sixth Amendment right to a speedy trial.

Christopher J. Hamman v. State of Indiana (mem. dec.)
17A03-1708-CR-1870
Criminal. Affirms in part, reverses in part, remands with instructions. Finds sufficient evidence to support Christopher Hamman’s convictions of Class A felony child molesting and Class B felony incest. However, vacates the incest conviction on grounds of double jeopardy because the prosecutor argued the jury could rely on the same act of penetration to convict Hamman of both crimes. Finds Hamman’s 40-year sentence is not inappropriate, but remands for the DeKalb Superior Court to amend Hamman’s probation conditions to include the most recent version of Probation Condition 26.

Scott Anthony Smolen v. State of Indiana (mem. dec.)
18A-CR-3012
Criminal. Affirms Scott Smolen’s convictions of Level 1 felony child molesting and Level 4 felony child molesting. Finds the Lake Superior Court did not abuse its discretion by sentencing Smolen to consecutive sentences. Also finds Smolen’s jury instructions did not violate his right against self-incrimination.

Calvin Dshan Baxter v. State of Indiana (mem. dec.)
18A-CR-2879
Criminal. Affirms Calvin Baxter’s concurrent 70-year sentence imposed in Marion Superior Court for conviction of murder and Level 4 felony possession of a firearm by a serious violent felon. Finds there is sufficient evidence to support his conviction and 60-year sentence for murder. Finds Baxter’s sentence is not inappropriate in light of the nature of the offense and his character.

In the Termination of the Parent-Child Relationship of: A.B. and D.B. (Minor Children) and J.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-641
Juvenile termination. Affirms the termination of J.L.’s parental rights to A.B. and D.B., Jr. Finds the Vigo Circuit Court’s best interest conclusion is not clearly erroneous.

 

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