Opinions June 17, 2020

Indiana Court of Appeals
Alicia Marie Prince v. State of Indiana
19A-CR-3070
Criminal. Affirms Alicia Prince’s three-year sentence in the Department of Correction for conviction of Level 5 felony operating a motor vehicle after forfeiture of license for life. Finds Prince’s sentence imposed in Tippecanoe Circuit Court is not inappropriate in light of the nature of the offense and her character.

Anthony W. Ross v. State of Indiana
19A-CR-2966
Criminal. Vacates the Marion Superior Court’s order that Anthony Ross pay $340 in probation fees. Finds that it was erroneous for the court to accept, post-sentencing, the imposition of the fees based on a probation department memo. On remand, if any probation fees are imposed upon Ross, the trial court should conduct a hearing at the time the fees are imposed to assess Ross’ ability to pay. Additionally finds that because the trial court ordered that Ross could terminate his probation early upon completion of his community service and classes, any probation fees ordered upon remand should reflect this situation and correspond to the probation time Ross actually serves.

Valonte Deshoun Smith v. State of Indiana (mem. dec.)
19A-CR-2333
Criminal. Affirms Valonte Smith’s aggregate 12-year sentence for conviction of Level 3 felony rape. Finds the Madison Circuit Court did not abuse its discretion in denying admission of certain evidence. Finds Smith has failed to meet his burden that the deputy prosecutor committed misconduct and that the trial court did not abuse its discretion in instructing the jury. Also finds sufficient evidence to support the conviction, that Smith did not receive ineffective assistance of counsel and that his sentence is not inappropriate.

Brian Taylor v. State of Indiana (mem. dec.)
18A-CR-2086
Criminal. Affirms Brian Taylor’s 60-year sentence for conviction of murder. Finds the LaPorte Circuit Court did not abuse its discretion in allowing Detective Patrick Cicero and Dr. Joseph Prahlow to testify or in admitting evidence related to Taylor’s messages on Facebook and Dr. Prahlow’s testimony that the manner of the victim’s death was homicide. Moreover, concludes that the state produced sufficient evidence to sustain Taylor’s murder conviction. Finally, finds Taylor has failed to establish that his sentence is inappropriately harsh.

Richard N. Smith, Jr. v. State of Indiana (mem. dec.)
20A-CR-199
Criminal. Affirms the Delaware Circuit Court’s revocation of Richard Smith, Jr.’s probation and order that he serve his entire suspended sentence in the DOC. Finds the trial court did not abuse its discretion in revoking the remainder of Smith’s suspended sentence.

James E. Fingers Jr. v. State of Indiana (mem. dec.)
20A-CR-292
Criminal. Affirms James Fingers Jr.’s conviction of Level 6 counts of felony methamphetamine possession and failure to register as a sex offender, and Class A misdemeanor marijuana possession, and his admission to being a habitual offender. Finds his aggregate five-year term of incarceration is not inappropriately harsh.

James E. Ayers and Wernle, Ristine & Ayers, L.P.C. v. Terry Huber (mem. dec.)
19A-PL-2480
Civil plenary. Reverses and remands for further proceedings the Putnam Superior Court’s order that Terry Huber pay James Ayers $80,000 and its determination that monetary claims related to Fleming Outfitters, Inc., d/b/a Gathering Lake Outfitters, Inc. must be heard in Canada. Finds a Trial Rule 12(C) motion for judgment on the pleadings was not properly converted to a motion for summary judgment pursuant to Trial Rule 56. Finds the parties did not participate in a bench trial. Accordingly, the judgment upon the merits lacks an evidentiary foundation.

In the Termination of the Parent-Child Relationship of M.G. (Minor Child), C.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-3076
Juvenile termination of parental rights. Affirms the termination of C.W.’s parent-child relationship with M.G. Finds sufficient evidence to support the termination order. Finds that the Scott Superior juvenile court did not err by concluding that the Department of Child Services proved by clear and convincing evidence that termination is in the child’s best interest.

Deparis M. Hardin v. State of Indiana (mem. dec.)
20A-CR-90
Criminal. Affirms Deparis Hardin’s one-year-and-183-day sentence for conviction of Level 6 felony battery. Finds sufficient evidence to support Hardin’s conviction in Allen Superior Court. Finds Hardin has waived his challenge to his sentence by failing to provide cogent argument and citations to the record and legal authority.

Joshua R. Eldridge v. State of Indiana (mem. dec.)
19A-CR-2564
Criminal. Affirms Joshua Eldridge’s convictions for Level 2 felony dealing in methamphetamine; Level 3 felony possession of methamphetamine; Level 4 felony possession of a narcotic drug; Level 5 felony possession of a narcotic drug; Level 6 felony counts of maintaining a common nuisance and unlawful possession of a syringe; and misdemeanor counts of possession of marijuana and possession of paraphernalia. Finds the trial court did not abuse its discretion in denying his motion for mistrial, among other things.