Opinions April 12, 2021

Indiana Court of Appeals
Jeffrey Archer v. State of Indiana
20A-CR-1677
Criminal. Reverses the grant of the state’s motion to quash Jeffrey Archer’s notice of deposition. Finds the state did not meet its showing of a paramount interest in non-disclosure under the Dillard test, so the Marion Superior Court abused its discretion by quashing the subpoena for L.B.’s deposition. Remands for proceedings.

Joseph L. Lamb v. State of Indiana (mem. dec.)
20A-CR-1833
Criminal. Affirms the revocation of Joseph L. Lamb’s probation and the order for him to serve his six-year suspended sentence in the Indiana Department of Correction. Finds the Jefferson Circuit Court acted well within its discretion.

Jermaine Tito Carr v. State of Indiana (mem. dec.)
20A-CR-1995
Criminal. Remands Jermaine Carr’s sentence of five years in the Indiana Department of Correction for his conviction of Level 5 felony dealing in a narcotic drug. Finds the Lake Superior Court abused its discretion by failing to find Carr’s success and compliance with the wrap-around services and his sobriety a mitigating circumstance in sentencing him. Remands with instructions to consider this mitigating circumstance and to resentence Carr.

Domanique Mikail Johnson v. State of Indiana (mem. dec.)
20A-CR-821
Criminal. Affirms Domanique Johnson’s felony murder conviction. Finds the state did not commit a Doyle violation. Also finds Johnson has not demonstrated that the state committed any prosecutorial misconduct, let alone that the cumulative effect of those statements amounted to fundamental error. Finally, find the Marion Superior Court did not abuse its discretion when it admitted evidence.

Ricardo Lewis, Jr. v. State of Indiana (mem. dec.)
20A-CR-1782
Criminal. Affirms Ricardo Lewis Jr.’s conviction of Class A misdemeanor domestic battery. Finds sufficient evidence supports Lewis’ conviction. Judge Margret Robb concurs in result without separate opinion.

Allison D. Langston v. State of Indiana (mem. dec.)
20A-CR-1781
Criminal. Affirms Allison Langston’s sentence to four years, with 424 days executed in the Department of Correction, 547 days in community corrections and 489 days suspended to probation, for her conviction of Level 5 felony conspiracy to commit dealing in methamphetamine. Finds Langston’s sentence is not inappropriate.

David W. Eades v. State of Indiana (mem. dec.)
20A-CR-2238
Criminal. Affirms David W. Eades’ aggregate 11-year sentence, with one year suspended to probation, for his convictions of two counts of Level 4 felony sexual misconduct with a minor. Finds Eades has not demonstrated that the Warren Circuit Court abused its sentencing discretion. Also finds his sentence is not inappropriate.

In re the Involuntary Termination of the Parent-Child Relationship of: D.H. and A.H. (Minor Children), and E.H. v. Indiana Department of Child Services (mem. dec.)
20A-JT-2040
Juvenile termination of parental rights. Affirms the termination of mother E.H.’s parental rights to D.H. and A.H. Finds E.H. has not shown that the Department of Child Services failed to prove by clear and convincing evidence in Lake Superior Court that there was a reasonable probability that she would not remedy the conditions resulting in the children’s removal and continued placement outside her care, that termination of her parental rights was in the children’s best interest, and that DCS had a satisfactory plan for the care and treatment of the children.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: J.S. (Minor Child) and S.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-2046
Juvenile termination of parental rights. Affirms the termination of mother S.S.’s parental rights to J.S. Finds the Hendricks Superior Court did not commit clear error in terminating S.S.’s parental rights.

In re the Termination of the Parent-Child Relationship of D.W. (Minor Child), K.R. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-2167
Juvenile termination of parental rights. Affirms the involuntary termination of father K.R.’s parental rights to D.W. Finds the Decatur Circuit Court’s determination that termination is in D.W.’s best interests is supported by clear and convincing evidence.

Jarvis Nelson Peele v. State of Indiana (mem. dec.)
20A-PC-965
Post conviction. Affirms the denial of Jarvis Nelson Peele’s petition for post-conviction relief as it relates to allegations of ineffective assistance of counsel and freestanding claims of trial error, but reverses and remands to Clark Circuit Court for correction of a clerical error that the post-conviction court intended to correct. Finds Peele has not demonstrated error in the denial of his petition for post-conviction relief, but remand is proper for correction of a clerical error.