Opinions July 17, 2019

Indiana Court of Appeals
Jesse L. Smith v. State of Indiana
18A-CR-2597
Criminal. Affirms Jesse Smith’s conviction of Level 6 felony criminal recklessness, finding no double-jeopardy violation. Finds the actual evidence presented at trial in Vigo Superior Court supports separate convictions of Level 6 felony criminal recklessness and Level 3 felony attempted aggravated battery.

R.P. v. State of Indiana (mem. dec.)
19A-JV-329
Juvenile. Affirms the award of wardship of R.P. to the Department of Correction. Finds the Vanderburgh Superior Court did not abuse its discretion.

Michael L. Gillam v. State of Indiana (mem. dec.)
19A-CR-106
Criminal. Affirms Michael Gillam’s conviction in Elkhart Superior Court of Class A misdemeanor theft. Finds the evidence is sufficient to support Gilliam’s conviction.

Michael Andrew Chaney v. State of Indiana (mem. dec.)
18A-CR-2792
Criminal. Affirms Michael Andrew Chaney’s conviction of aggravated battery as a Level 3 felony. Finds the evidence is sufficient to rebut his claim of self-defense. Also finds the St. Joseph Superior Court did not abuse its discretion in admitting Isaac Danley’s testimony about Chaney’s knife, or by preventing Astranah Danley from testifying about the relationship between Chaney and Izaiah Davis.

Kristin M. Hoffman v. State of Indiana (mem. dec.)
19A-CR-184
Criminal. Remands Kristin Hoffman’s sentence for her conviction of Level 5 felony domestic battery, Class A misdemeanor battery resulting in bodily injury and Class B misdemeanor criminal mischief. Finds remand to Marion Superior Court is necessary to correct the written sentencing documents, including the sentencing order, abstract of judgment and chronological case summary.

In the Matter of the Termination of the Parent-Child Relationship of J.O. (a minor child); J.O. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-48
Juvenile termination of parental rights. Affirms the termination of father J.O.’s parent-child relationship with his son, J.O. Finds there is sufficient evidence to support the Vanderburgh Superior Court’s termination of the parent-child relationship.

In the Matter of the Civil Commitment of: K.G. v. Community Health Network, Inc. (mem. dec.)
18A-MH-1211
Mental health. Dismisses K.G.’s appeal of the Marion Superior Court order for his involuntary temporary commitment and forced medication by injection. Finds that because K.G. has been released from his involuntary temporary commitment, the Indiana Court of Appeals cannot render effective relief to him.

Todd S. Fruth v. State of Indiana (mem. dec.)
19A-CR-347
Criminal. Affirms Todd S. Fruth’s conviction of domestic battery committed in the presence of a child less than 16 years of age. Finds the evidence is sufficient to support Fruth’s conviction. Also finds the state proved Fruth was not in fear of death or great bodily harm, and Fruth provoked or willingly participated in the violence, defeating his self-defense claim in Elkhart Superior Court.

Alonzo Williams v. State of Indiana (mem. dec.)
18A-CR-1563
Criminal. Affirms Alonzo Williams’ convictions of felony murder and Level 3 felony criminal confinement while armed with a deadly weapon, and his adjudication as a habitual offender. Finds Williams was not denied meaningful access to the courts when the Delaware Circuit Court rescinded his access to the jail law library. Also finds Williams waived his argument that the state committed prosecutorial misconduct by failing to provide a copy of the deposition that allegedly contained exculpatory evidence because he failed to make a cogent argument.

In the Matter of the Termination of the Parent-Child Relationship of L.F., Father, and L.S., Minor Child, L.F. v. Indiana Department of Child Services (mem. dec.)
18A-JT-2882
Juvenile termination of parental rights. Affirms the termination of father L.F.’s parent-child relationship with his minor child, L.S. Finds sufficient evidence supported the juvenile court’s findings and its conclusions that there is a reasonable probability that L.F. will not remedy the conditions resulting in L.S.’s removal. Also finds the Union Circuit juvenile court’s termination of the parent-child relationship was not clearly erroneous.

In re: The Marriage of: Ashlee Alexa Trammel v. Jeffery S. Trammel (mem. dec.)
18A-DR-3153
Domestic relation. Affirms and reverses in part the order denying Ashlee A. Trammel’s petition for custody modification, finding her in contempt of a July 8, 2015, order modifying her child support obligation and ordering her to pay $10,750 of Jeffrey S. Trammel’s attorney fees. Finds the DeKalb Superior Court abused its discretion in finding Ashlee in contempt and modifying her child support obligation. Remands for further consideration as to whether the $10,750 attorney fees awarded to Jeffrey is appropriate.

Rocky Lee McMurray v. State of Indiana (mem. dec.)
18A-CR-2543
Criminal. Affirms Rocky McMurray’s aggregate 20-year sentence for his conviction of Level 4 felony causing death while operating a vehicle with an alcohol concentration equivalent of 0.15 or more and his adjudication as a habitual vehicular substance offender. Finds McMurray has failed to show his sentence imposed in Dearborn Superior Court is inappropriate.

Henry McNeal Turner IV v. State of Indiana (mem. dec.)
18A-CR-2745
Criminal. Affirms Henry Turner IV’s convictions of six counts of Level 1 felony attempted murder. Finds the evidence presented in St. Joseph Superior Court is sufficient to support Turner’s convictions.

T.F. v. State of Indiana (mem. dec.)
18A-JV-2562
Juvenile. Affirms T.F.’s adjudication as a delinquent child with a true finding for Class A misdemeanor dangerous possession of a firearm and his commitment to the Department of Correction. Finds there was sufficient evidence to support the true finding of St. Joseph Probate Court. Also finds the probate court did not abuse its discretion in committing T.F. to the DOC.

Christopher J. Robbins v. State of Indiana (mem. dec.)
18A-CR-3145
Criminal. Dismisses Christopher Robbins’ appeal of his conviction in Pulaski Circuit Court of Level 3 felony aggravated battery. Finds Robbins may not challenge his conviction on direct appeal.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of P.W. (Minor Child); R.W. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-310
Juvenile termination of parental rights. Affirms the termination of father R.W.’s parent-child relationship with his daughter, P.W. Finds there is sufficient evidence to support the Delaware Circuit Court’s decision to terminate the parent-child relationship.

In Re: The Paternity of: S.O.H.; Steven B. Manus v. Danyel Hairston (mem. dec.)
19A-JP-147
Juvenile paternity. Dismisses the Jan. 4, 2019, order denying Steven B. Manus’ request to retroactively modify or vacate his child support arrearage. Finds Manus has failed to present a cogent argument, so any alleged errors in Allen Superior Court are waived.