Opinions Aug. 19, 2022

Court of Appeals of Indiana
Donald Johnson v. State of Indiana
21A-CR-1234
Criminal. Affirms and reverses in part the denial of Donald Johnson’s motion to dismiss the 17 Class C felony securities-related charges filed against him. Finds the state sufficiently alleged Johnson committed positive acts of concealment that tolled the statute of limitations in all the challenged charges except two, and the charging information for all remaining 15 counts against Johnson were pled with sufficient certainty based on the language in the charging informations and probable cause affidavits. Also finds the arguments Johnson sets forth regarding the elements of the alleged crimes cannot be considered by the Court of Appeals as they are to be decided by the fact-finder, not within a motion to dismiss, so the Porter Superior Court did not abuse its discretion when it denied Johnson’s motion to dismiss, with the exception of the charges involving Randall Hunt. Finally, finds the trial court did not abuse its discretion when it granted the state permission to amend the charges against Johnson to include the word “knowingly.” Remands for further proceedings.

David Monsivais, IV v. State of Indiana (mem. dec.)
21A-CR-2506
Criminal. Affirms David Monsivais IV’s convictions of Level 3 felony rape and Level 6 felony stalking. Finds the state presented sufficient evidence to support Monsivais’ convictions for rape and stalking.

Eric D. Tate v. State of Indiana (mem. dec.)
21A-CR-2691
Criminal. Affirms Eric D. Tate’s conviction of murder and a firearm enhancement for shooting a man in Fort Wayne. Finds the Allen Superior Court erred in admitting into evidence video of the shooting, but Tate’s substantial rights weren’t prejudiced. Also finds that even if there was prosecutorial misconduct, Tate hasn’t demonstrated that the prosecutor’s comments were so prejudicial as to make a fair trial impossible.

Anthony Runyan v. State of Indiana (mem. dec.)
21A-CR-2769
Criminal. Affirms the order imposing five years of Anthony Runyan’s previously suspended sentence after he violated the terms of his probation. Finds the Vermillion Circuit Court did not abuse its discretion. Also finds remands is not necessary to correct the trial court’s written order.

Robert L. Bealmer v. State of Indiana (mem. dec.)
22A-CR-62
Criminal. Affirms the revocation of Robert L. Bealmer’s conditional release and his sentence to an aggregate of six years for his convictions of two counts of Level 3 felony criminal confinement. Finds Bealmer’s assertion of a due process violation fails.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: J.W. (Minor Child), and R.C. (Father) and C.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-538
Juvenile termination of parental rights. Affirms the order terminating father R.C. and mother C.W.’s parental rights over their minor child, J.W. Finds the trial court did not abuse its discretion when it denied R.C.’s motion to continue the factfinding hearing, and the challenged findings are either supported by the evidence or constituted harmless error. Also finds the Department of Child Services presented sufficient evidence to demonstrate that the conditions that resulted in J.W.’s removal or the reasons for his placement outside of his parents’ care will not be remedied, and that the termination of parents’ parental rights is in J.W.’s best interests. Finally, finds the Vanderburgh Superior Court did not err when it terminated parents’ parental rights.

In the Termination of the Parent-Child Relationship of: M.N. and J.D. (Minor Children) And A.N. (Mother) and J.N. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-556
Juvenile termination of parental rights. Affirms the termination of mother A.N. and father J.N.’s parental rights to their minor children, M.N. and J.D. Finds the Benton Circuit Court did not erroneously terminate parents’ parental rights.

Dustin Tyler Cross v. State of Indiana (mem. dec)
22A-CR-659
Criminal. Affirms the sentence imposed on Dustin Cross after his probation was revoked. Finds the Bartholomew Circuit Court did not abuse its discretion in the reinstatement of Cross’ previously suspended sentences.

Zachary H. Fisher v. State of Indiana (mem. dec.)
22A-CR-70
Criminal. Affirms Zachary Fisher’s convictions of two counts of Level 4 felony child molestation and one count of Level 5 felony possession of child pornography, and his sentence to 30 years, with three years suspended to probation. Finds the Fulton Superior Court did not commit fundamental error when explaining its evidentiary ruling. Also finds the state presented sufficient evidence to support the conviction for Level 5 felony possession of child pornography. Finally, finds the trial court did not find improper aggravating circumstances, and Fisher has failed to carry his burden to show that his sentence was inappropriate based on the nature of the offenses and his character.