Opinions March 22, 2022

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Court of Appeals of Indiana
Harry Richard Wellings, Jr. v. State of Indiana
21A-CR-1874
Criminal. Affirms Harry Richard Wellings Jr.’s aggregate 12-year sentence for his convictions of Level 3 felony attempted rape, Level 4 felony criminal confinement, Level 5 felony attempted incest, Level 6 felony sexual battery and Level 6 felony strangulation. Finds Wellings has failed to show that his sentence is inappropriate.

David Hostetler v. State of Indiana
21A-CR-797
Criminal. Affirms David Hostetler’s convictions of Level 2 felony dealing in a narcotic drug, Level 2 felony dealing in methamphetamine, Level 6 felony possession of a controlled substance and Level 6 felony unlawful possession of a syringe. Finds Hostetler has waived appellate review of his appellate challenge to the admission of evidence found during an inventory search by repeatedly stating that he had no objection to the admission of the evidence when it was introduced at trial.

Christopher Ray Bixler v. Spring Nicole Delano
21A-JP-2054
Juvenile paternity. Reverses the denial of father Christopher Bixler’s motion for relief from judgment, which requested that the Owen Circuit Court set aside its order modifying custody, parenting time and child support. Finds Bixler has demonstrated prima facie error. Remands to the trial court for an evidentiary hearing on mother Spring Delano’ request to modify custody, parenting time and child support.

Arnaz T. Whitelaw, Jr. v. State of Indiana (mem. dec.)
21A-CR-1917
Criminal. Affirms Arnaz Whitelaw Jr.’s convictions of Level 4 felony possession of methamphetamine and Class B misdemeanor possession of marijuana. Finds the traffic stop was not pretextual and the resulting search did not violate Whitelaw’s constitutional rights, so the Elkhart Superior Court did not abuse its discretion in admitting the drug evidence recovered as a result of the stop.

Dakota Haaff v. State of Indiana (mem. dec.)
21A-CR-2026
Criminal. Affirms Dakota Haaff’s convictions of Level 3 felony rape and Level 5 felony child seduction. Finds that even if the prosecutor committed misconduct, Haaff has not met his heavy burden of demonstrating that the challenged statements were so prejudicial as to make a fair trial impossible, so there was no fundamental error.

Joshua Risinger v. State of Indiana (mem. dec.)
21A-CR-1196
Criminal. Affirms Joshua Risinger’s conviction of murder. Finds the Washington Circuit Court did not abuse its discretion in denying Risinger’s motion for a continuance.

In Re: The Termination of the Parent-Child Relationship of B.C. (Minor Child); L.R.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
21A-JT-2003
Juvenile termination of parental rights. Affirms the termination of father L.R.C.’s parental rights to his son, B.C. Finds there is sufficient evidence to support the Scott Superior Court’s termination of the parent-child relationship.

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