Opinions Oct. 24, 2019

Indiana Supreme Court
William Clyde Gibson, III v. State of Indiana
22S00-1601-PD-00009, 22S00-1608-PD-00411
Post conviction. Affirms the Floyd Superior Court’s denial of post-conviction for William Clyde Gibson III from his two murder convictions resulting in death sentences, finding he did not receive ineffective assistance of counsel.

Indiana Court of Appeals
Galen Byers v. State of Indiana
19A-CR-246
Criminal. Affirms the Jay Circuit Court order denying Galen Byers’ motion to suppress drug evidence collected in a search of his home after authorities obtained a warrant based on incriminating video from a drone aircraft a neighbor found in her yard. Finds the Jay Circuit Court did not err in denying the motion to suppress because the evidence was not constitutionally stale.

J.W.J. v. State of Indiana (mem. dec.)
19A-JV-1046
Juvenile. Affirms J.W.J’s placement in Pierceton Woods Academy residential facility as a condition of his probation following his adjudication as a delinquent for what would be Level 3 felony rape and two counts of Level 6 felony strangulation if committed by an adult. Finds any error by the Tippecanoe Superior Court was invited.

Dennis Edward Roberts, Jr. v. Olivia L. Roberts (mem. dec.)
19A-DR-941
Domestic relation. Affirms the Madison Circuit Court’s grant of Olivia Roberts’ petition for modification of custody, rejecting Dennis Roberts’ argument that she failed to show a substantial change in circumstances.

Frankie Lynn Pollard, Jr. v. State of Indiana (mem. dec.)
19A-CR-1097
Criminal. Affirms Frankie Pollard’s aggregate 6½-year sentenced for conviction of Level 5 felony conviction of operating a vehicle after license forfeiture for life and his habitual offender determination. The sentence is not inappropriate in light of the nature of the offense and Pollard’s character.

Michael L. Pate v. State of Indiana (mem. dec.)
19A-CR-557
Criminal. Affirms the two-year sentence the Dubois Superior Court handed Michael Pate after he pleaded guilty to Level 6 felony auto theft. The court did not err in failing to find a mitigating factor and his sentence is not inappropriate in light of the nature of the offense and Pate’s character.

Guy Mikulich v. Lake County, Indiana (mem. dec.)
19A-MI-32
Miscellaneous. Affirms the Lake Superior Court’s dismissal of former Lake County sheriff’s officer Guy Mikulich’s complaint for judicial review of his prior convictions in a drunken driving case and his motion to vacate the dismissal. The trial court properly dismissed the complaint and did not abuse its discretion in denying his motion to vacate.

In re the Termination of the Parent-Child Relationship of M.R. and L.R. (Minor Children) and L.R. (Mother); L.R. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-992
Juvenile termination. Affirms the termination in Lake Superior Court of mother L.R.’s parental rights to children M.R. and L.R., finding no error in the court’s determination that termination was in the children’s best interests.

Tammy Webber v. Kenneth Kuebler Heating & Air Conditioning, Inc. (mem. dec.)
19A-CT-274
Civil tort. Affirms the Posey Superior Court ruling in favor of Kenneth Kuebler, finding no error in the conclusion that the company was not negligent per se in the installation of a new air-conditioning unit.

Brandon Ray Kern v. State of Indiana (mem. dec.)
19A-CR-1051
Criminal. Affirms in part and reverses the Clark Circuit Court’s determination of Brandon Kern’s sentencing placement following the revocation of his probation. Finds the placement in the Department of Correction is not an abuse of discretion, but the court erroneously denied jail credit time. Remands to remedy the error.

Jason McMickle v. State of Indiana (mem. dec.)
19A-CR-676
Criminal. Affirms Jason McMickle’s conviction in Pike Circuit Court of Level 4 felony dealing in methamphetamine. Finds any error in the admission of an officer’s testimony was harmless.