Opinions Jan. 31, 2019

Indiana Court of Appeals
John L. Solomon v. State of Indiana
18A-CR-2041
Criminal. Affirms John Solomon’s conviction of Class B misdemeanor possession of marijuana, finding that the conviction is not a violation of his rights to liberty and pursuit of happiness under Article 1, Section 1 of the Indiana Constitution.

Jamil Michael Pirant v. State of Indiana
18A-CR-1225
Criminal. Affirms the Lake Superior Court’s denial of Jamil Pirant’s motion to set aside his juvenile convictions of murder and class A felony attempted murder. Finds Pirant’s collateral challenge to his convictions should have been filed through post-conviction proceedings. Thus, the trial court acted within its discretion in its denial.  

Dorothy Campbell v. Mark Reed Campbell
18A-DR-361
Domestic relation. Majority affirms the trial court’s dissolution of marriage order, finding no error in the Boone Circuit Court’s denial of Dorothy Campbell’s request for spousal maintenance nor the valuation of the parties’ assets. Judge Margret Robb dissents and would remand for consideration of spousal maintenance based on the correct standard.

J.F. v. State of Indiana (mem. dec.)
18A-JV-2016
Juvenile. Affirms the Lake Superior Court’s dispositional order awarding wardship of J.F. to the Department of Correction for housing in any correctional facility for children. Finds the order is in J.F.’s best interest and the safety of the community based upon his prior delinquent history. Finds no abuse of discretion in the juvenile court’s decision.

Nyelah M. Hayes v. State of Indiana (mem. dec.)
18A-CR-1799
Criminal. Affirms the Allen Superior Court’s revocation of Nyelah Hayes’ probation. Finds there is sufficient evidence to support the revocation.

In re Marriage of Jeffrey E. Nelson v. Julie A. Nelson (mem. dec.)
18A-DR-1577
Domestic relation. Affirms the Vanderburgh Superior Court’s contempt of court order and writ of attachment providing Jeffrey E. Nelson serve 45 days in the Vanderburgh County Jail or purge himself of the contempt by paying $27,374.48 in unpaid spousal maintenance and attorney fees. Remands for reconsideration of the purge amount.

Justin M. Hornby v. State of Indiana (mem. dec.)
18A-CR-1227
Criminal. Affirms the Gibson Superior Court’s denial of Justin Hornby’s request for a second deposition to be taken of the alleged victim, R.C. Finds the trial court did not abuse its discretion in its denial.

Marcus D. Hanyard v. State of Indiana (mem. dec.)
18A-CR-1237
Criminal. Affirms Marcus Hanyard’s conviction of murder, Level 1 felony conspiracy to commit burglary, and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds there is sufficient evidence to support the conviction in Delaware Circuit Court.

Ryann S. Clark v. State of Indiana (mem. dec.)
18A-CR-1136
Criminal. Affirms Ryann Clark’s conviction in Brown Circuit Court of Level 3 felony neglect of a dependent resulting in serious bodily injury. Finds there is sufficient evidence to support the conviction.

Robert Williams v. State of Indiana (mem. dec.)
49A02-1710-PC-2546
Post-conviction. Affirms the Marion Superior Court’s denial of Robert Williams’ petition for post-conviction relief. Finds Williams did not receive ineffective counsel during his guilty plea hearing. Finds the trial court did not err.

Jarrod Adam Spigutz v. State of Indiana (mem. dec.)
18A-CR-584
Criminal. Affirms Jarrod Spigutz’s 65-year sentence for his conviction of murder, Class A misdemeanor carrying a handgun without a license and Class B misdemeanor possession of marijuana. Finds the Elkhart Circuit Court did not abuse its discretion. Also finds there is sufficient evidence to support Spigutz’s murder conviction, and that his sentence is not inappropriate.

Hakimah Qualls v. State of Indiana (mem. dec.)
18A-CR-1127
Criminal. Reverses Hakimah Qualls’ increased six-year sentence executed from its original three-year sentence after she failed to surrender herself to serve the executed portion of her initial sentence. Finds the trial court had no authority to resentence Qualls after its initial imposition. Remands with instructions that the Porter Superior Court impose concurrent 2½-year sentences on her Level 6 felony convictions of battery and operating while intoxicated.

Larry W. Wilson v. State of Indiana ex rel. Evansville-Vanderburgh County Drug Task Force (mem. dec.)
82A05-1711-MI-2645
Miscellaneous. Affirms the Vanderburgh Circuit Court’s judgment in favor of the Evansville-Vanderburgh County Drug Task Force for forfeiture against $1,594 in U.S. currency confiscated during Larry Wilson’s arrest for various drug offenses. Finds Wilson waived his appellate argument regarding the timeliness of the state’s forfeiture complaint for failure to first present. Finds sufficient evidence to support the forfeiture order.

Jaylin Keshawn Jefferson v. State of Indiana (mem. dec.)
18A-CR-1591
Criminal. Affirms the Madison Circuit Court’s revocation of Jaylin Jefferson’s probation. Finds there is sufficient evidence to support the revocation. Finds the trial court did not abuse its discretion in ordering Jefferson to serve the balance of his previously suspended sentence at the Department of Correction.

Jeffery S. Sodeman v. State of Indiana (mem. dec.)
18A-CR-2130
Criminal. Affirms the Elkhart Circuit Court’s revocation of Jeffery S. Sodeman’s probation. Finds the trial court did not abuse its discretion in ordering Sodeman to serve the balance of his previously suspended sentence.

Theresa Dukes v. Richard T. Mohr, and John R. Mohr (mem. dec.)
18A-PL-656
Civil plenary. Affirms the Marion Superior Court’s order granting prejudgment possession of a property to Richard Mohr that he owns and Theresa Dukes leases. Finds Dukes was not harmed by the court’s order, despite its failure to follow precise statutory framework of the Ejectment Statute. Finds the trial court erred in calculating Dukes’ bond amount. Remands for a proper calculation of the bond under Indiana Code section 32-30-3-8.

Antrone L. Crockett v. State of Indiana (mem. dec.)
18A-CR-391
Criminal. Affirms the St. Joseph Superior Court’s denial of Antrone Crockett’s motion to correct erroneous sentence pursuant to Indiana Code section 35-38-1-15. Finds the basis of Crockett’s motion argues his conviction is illegal, not his sentence.

Quintin M. Towles, Jr. v. State of Indiana (mem. dec.)
18A-CR-888
Criminal. Affirms Quintin Towles Jr.’s conviction of Level 2 felony burglary and Level 5 felony carrying a handgun without a license. Finds there is not double jeopardy violation.

Jody A. Bush v. State of Indiana (mem. dec.)
18A-CR-1908
Criminal. Affirms the sanction imposed on Jody Bush after the Vigo Superior Court revoked his probation. Finds trial court did not err by ordering that Bush serve the balance of his previously suspended sentence.

Robert L. Wine v. State of Indiana (mem. dec.)
18A-CR-2186
Criminal. Affirms Robert Wine’s conviction of Level 6 felony battery by bodily waste after he spat on an emergency medical services provider while being taken to the hospital for consuming hand sanitizer and orange juice. Finds Wine waived his argument for failing to file a motion to dismiss the charge.

Garrick Twiford, Jr. v. State of Indiana (mem. dec.)
18A-PC-1876
Post-conviction. Affirms the Elkhart Superior Court’s denial of Garrick Twiford, Jr.’s petition for post conviction relief. Finds Twiford was not denied effective assistance of appellate counsel, nor did the court err in concluding so.