Opinions April 2, 2024

Indiana Court of Appeals
B.H. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
23A-EX-2976
Administrative. Affirms the Review Board of the Indiana Department of Workforce Development’s determination that B.H. is ineligible for unemployment benefits. Finds B.H. did not present evidence to show she had a medically substantiated disability or sufficiently advise her employer of the disability and accompanying limitations.

Richard W. Plue v. State of Indiana (mem. dec.)
23A-CR-638
Criminal. Affirms Richard Plue’s conviction in Madison Circuit Court and sentence for possession of methamphetamine, a Level 6 felony. Finds the search of Plue’s vehicle did not violate either the federal or state constitutions.

Darrius Ingram v. State of Indiana (mem. dec.)
23A-CR-1550
Criminal. Affirms Darrius Ingram’s convictions in Hendricks Superior Court of Level 6 felony possession of methamphetamine and Level 6 felony identity deception. Finds there is sufficient evidence to sustain the judgment.

Brandon M. Newell v. State of Indiana (mem. dec.)
23A-PC-1927
Post conviction relief. Affirms the Grant Superior Court’s denial of Brandon Newell post conviction relief petition. Finds that Newell received effective assistance of appellate counsel.

A.M.M. b/n/f Ricardo Vega-Hernandez v. Marisol Mayhuere Morales (mem. dec.)
23A-JP-455
Juvenile paternity. Reverses the Marion Superior Court’s dismissal with prejudice of a paternity action that Ricardo Vega-Hernandez filed as next friend of his putative daughter, A.M.M. Finds that the putative father should have been given an opportunity to amend his petition and agree that the court must hold an evidentiary hearing on this issue on remand. Remands with instructions to allow the putative father to amend his petition to name the father as a necessary party and to hold an evidentiary hearing to determine whether the petition is in the child’s best interest.

J.G. v. State of Indiana (mem. dec.)
23A-JV-179
Juvenile. Affirms the Tippecanoe Superior Court’s order that J.G.’s mother, O.G., reimburse Tippecanoe County for $6,940.50 in secure detention costs and other fees incurred due to J.G.’s delinquency adjudications under four cause numbers. Finds the trial court did not abuse its discretion in ordering the mother to reimburse the county.

Andrew J. West v. State of Indiana (mem. dec.)
23A-CR-1956
Criminal. Affirms Andrew West’s conviction in Whitley Circuit Court for failing to register as a sex or violent offender, a Level 5 felony. Finds that the evidence was sufficient to prove that he knowingly or intentionally failed to register as a sex offender.

Bonnie Hoff v. State of Indiana (mem. dec.)
23A-CR-2278
Criminal. Affirms the Noble Circuit Court’s order for Bonnie Hoff to serve two and a half years of her previously suspended sentence in the Indiana Department of Correction after violating the terms of her probation. Finds the trial court did not abuse its discretion in ordering her to serve only two and half years of her previously suspended three-year sentence as a sanction for Hoff’s three probation violations.

Sylvester Ford v. State of Indiana (mem. dec.)
23A-CR-697
Criminal. Affirms Sylvester Ford’s conviction for murder in Marion Superior Court and his 50-year sentence. Finds even if the trial court had abused its discretion in admitting Ford’s statements to Detective Jill Liter, the admission of the evidence was, at most, harmless given the other substantial evidence of Ford’s guilt.

Derek Dewey Lee Shawn Hutchison v. State of Indiana (mem. dec.)
23A-CR-1071
Criminal. Affirms one of Dewey Hutchison’s convictions in Madison Circuit Court for failure to register as a sex offender. Reverses a second conviction on the same charge due to a double jeopardy violation. Remands for the trial court to vacate one of the convictions.

Marvin Guy Riddle v. State of Indiana (mem. dec.)
23A-CR-2861
Criminal. Affirms the Howard Superior Court’s order for Marvin Riddle to serve the remainder of his suspended sentence, roughly one and a half years, with the Indiana Department of Correction. Finds no abuse of the trial court’s discretion in ordering Riddle to serve the rest of his suspended sentence for breaking the rules of his community corrections program.

Daniel A. Hobbs v. State of Indiana (mem. dec.)
23A-CR-1092
Criminal. Affirms Daniel Hobbs’ convictions in Allen Superior Court for two counts of child molesting as Level 1 felonies, one count of attempted child molesting and another count of child molesting as a Level 4 felony. Reverses Dobbs’ sentence of 132 years. Finds that although the appellate court did not find that the trial court abused its discretion by admitting challenged testimony, direction from the Indiana Supreme Court compels the court to revise Hobbs’ sentence. Remands with instructions that the trial court resentence him for an aggregate sentence of 80 years.

In Re: The Marriage of: Andrew Rumsey v. Kayla Ellenwood (mem. dec.)
23A-DC-2395
Domestic relations with children. Affirms the Allen Circuit Court’s trial dissolution decree, in which it, inter alia, granted Andrew Rumsey two hours of supervised visitation per week with his child and awarded Kayla Ellenwood possession of the marital residence. Finds that the father has failed to establish that the trial court abused its discretion in valuing his interest in the marital residence or that it unequally divided the marital estate at all, much less that it did so without justification.

Dante Wells v. W.W. Contracting, Inc. (mem. dec.)
23A-PL-1111
Civil plenary. Affirms the Tippecanoe Superior Court’s rejection of Dante Wells’ claim that he was an owner of W.W. Contracting. Finds that the trial court rejected Wells’ claims for reimbursement, and Wells has not established clear error in this regard. Also finds error is evident within the trial court’s findings relating to the funds Wells loaned to W.W. Contracting. Remands for the trial court to consider each of the three loans made by Wells and to determine their effect on the judgment. Futher, finds that the trial court’s judgment contains an obvious error in its calculation of damages. Remands, with the trial court is directed to correct this portion of the award. Finally, grants plaintiffs’ request for appellate attorney’s fees pursuant to Indiana Code § 34-24-3-1. Remands, with the trial court directed to determine the plaintiffs’ reasonable appellate attorney’s fees and include that amount in the plaintiffs’ award.

County Materials Corp. v. Ryan Gookins (mem. dec.)
23A-PL-2308
Civil plenary. Affirms the Hancok Superior Court’s trial court’s denial of County Materials Corp.’s  motion to recover attorney’s fees from Ryan Gookins. Finds that County Materials’ argument was raised for the first time in a motion to reconsider and is not properly preserved for appeal.