Opinions April 8, 2022

Court of Appeals of Indiana
Adam Kristopher Baumholser v. State of Indiana
21A-PC-2138
Post-conviction. Affirms in part, reverses in part Adam Kristopher Baumholser’s convictions for Class A felony child molesting and two counts of class C felony child molesting and petitioned for post-conviction relief. Finds that trial counsel provided ineffective assistance by failing to move to dismiss the class C felony charges and that Baumholser is entitled to relief on that claim. Reverses on that issue but affirms in all other respects.

State of Indiana v. Sarah A. Allen (mem. dec.)
21A-CR-2009
Criminal. Reverses the Lawrence Superior Court’s order granting Sarah Allen’s motion to suppress. Finds the trial court’s grant of Allen’s motion to suppress was contrary to law due to Allen’s lack of standing and her failure to show that the search warrant lacked probable cause.

In the Matter of: A.A. (Minor Child), Child in Need of Services, and W.A. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-2215
Juvenile CHINS. Affirms the adjudication of W.A.’s minor child A.A. as being a child in need of services. Finds the trial court’s ultimate conclusion that court-ordered services were necessary in order to protect A.A. from educational neglect during the current school year was not clearly erroneous. Finds DCS established by a preponderance of the evidence that the child was still in need of services at the time of the CHINS fact-finding hearing and that A.A. would not likely receive the needed services without court intervention.

Philip Certain v. State of Indiana (mem. dec.)
21A-CR-2343
Criminal. Affirms Philip Certain’s convictions for Level 5 felony possession of methamphetamine and Level 5 felony carrying a handgun without a license, having a prior felony conviction within 15 years. Finds the state proved the offenses beyond a reasonable doubt.