Opinions April 15, 2020

Indiana Court of Appeals
Derek J. Tanksley v. State of Indiana
19A-CR-2411
Criminal. Affirms Derek Tanksley’s conviction of Level 6 felony failure to appear, his adjudication as a habitual offender and resulting six-year aggregate sentence imposed in Washington Circuit Court.  Finds the evidence sufficient to support the conviction and the sentence not inappropriate.

Jose J. Reyes v. State of Indiana (mem. dec.)
19A-CR-2541
Criminal. Affirms Jose Reyes’ conviction of Level 6 felony battery on a public safety officer and Class A misdemeanor resisting law enforcement and one-and-a-half year executed sentence. Finds Reyes’ claim that the jury verdicts in Allen Superior Court were inconsistent is not available for appellate review and that Reyes’ sentence was not inappropriate.

James S. McKinley v. State of Indiana (mem. dec.)
19A-CR-1557
Criminal. Affirms a Marion Superior jury verdict convicting James S. McKinley of four counts of Level 1 felony child molesting and his 70-year sentence. Finds the evidence was sufficient, McKinley’s sentence was not an abuse of discretion nor was it inappropriate, and the exclusion of certain people at his sentencing did not violate his right to a public trial.

B.P. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
19A-EX-1862
Agency. Affirms the determination of the Review Board of the Indiana Department of Workforce Development that B.P. was discharged from his employment for cause and therefore ineligible for unemployment benefits. Dismisses B.P.’s appeal for lack of cogent argument and failure to cite to relevant legal authority.

In the Matter of A.J. (Child Alleged to be in Need of Services) and M.G. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-2740
Juvenile child in need of services. Affirms the Wabash Circuit Court order granting modification of custody of A.J. to father K.J. Finds no abuse of discretion, and that the modification was in the child’s best interests.

In Re: The Matter of the Termination of the Parent-Child Relationship of L.H. (Minor Child); D.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-2603
Juvenile termination of parental rights. Affirms the termination of father D.H.’s parental rights to son L.H., finding there was sufficient evidence in the Randolph Circuit Court to support the termination.

Michael A. Huff v. State of Indiana (mem. dec.)
19A-CR-2028
Criminal. Affirms Michael Huff’s conviction of Level 5 felony possessing material capable of causing bodily injury as an inmate, finding that the evidence in Pulaski Superior Court was sufficient and that there was no abuse of discretion in its admission.

Derek J. Tanksley v. State of Indiana (mem. dec.)
19A-CR-2539
Criminal. Affirms Derek Tanksley’s conviction of Level 6 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia, finding the evidence sufficient, the sentence was not inappropriate and, waiver not withstanding, the Washington Superior Court did not err in the admission of Facebook communications as evidence.

Marylinda Gossweiler v. Swati Singh (mem. dec.)
19A-PO-2524
Protective order. Affirms the denial of a protective order sought by Marylinda Gossweiler, finding evidence supported the Boone Superior Court’s determination that she failed to prove harassment by a preponderance of the evidence.

Christian A. Hamrick v. State of Indiana (mem. dec.)
19A-CR-2261
Criminal. Affirms Christian Hamrick’s sentence of three years, with one year suspended to formal probation, after a jury in Henry Circuit Court convicted him of Level 5 felony escape and three misdemeanor counts. The sentence is not inappropriate.

Jason Levi Bellamy v. State of Indiana (mem. dec.)
19A-CR-1540
Criminal. Affirms Jason Bellamy’s conviction of two counts of Level 1 felony child molesting, one count of Level 4 felony sexual misconduct with a minor and his aggregate 80-year sentence. The evidence in Jackson Circuit Coiurt was sufficient and the sentence is not inappropriate.

Matthew A. Sokolowski v. State of Indiana (mem. dec.)
19A-CR-2334
Criminal. Affirms the revocation of Matthew Sokolowski’s probation, finding a condition of probation was not unconstitutionally vague; the DeKalb Superior Court did not abuse its discretion by admitting hearsay evidence; sufficient evidence was presented; and Sokolowski was given an opportunity to present mitigating evidence.

Christa A. Bays v. State of Indiana (mem. dec.)
19A-CR-2027
Criminal. Affirms the Ripley Superior Court order sentencing Christa Bays to one year for conviction of two counts of Class A misdemeanor check deception and its order that she also serve previously suspended sentences, finding no abuse of discretion or inappropriateness of sentence.

In the Matter of the Supervised Estate of David M. Christian: Woodrow Garry DeRossett and William Larry DeRossett v. Estate of David M. Christian (mem. dec.)
19A-ES-2815
Estate, supervised. Affirms summary judgment and the denial of a motion to correct error brought by the Woodrow Garry DeRossett and William Larry DeRossett, finding summary judgment was not improperly granted to the Estate of David M. Christian in the DeKalb Circuit Court.