Opinions Dec. 11, 2020

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Indiana Court of Appeals
Evan D. Wilford v. State of Indiana (mem. dec.)

20A-CR-1305
Criminal. Affirms the Vigo Superior Court’s order that Evan Wilford serve the balance of his previously suspended sentence following the court’s revocation of his probation. Finds the trial court did not abuse its discretion in making its order.

Ivan Cornel Augustin Hendrickson, Jr. v. State of Indiana (mem. dec.)
20A-CR-569
Criminal. Affirms Ivan Hendrickson, Jr.’s aggregate 28-year sentence with 22 years executed for his conviction in Bartholomew Circuit Court of Level 2 felony dealing in methamphetamine and Level 5 felony operating a motor vehicle after forfeiture of license for life. Finds the sentence is not inappropriate considering his character and nature of the offenses.

B.B.T.K.S., Inc. v. Annette Emmons (mem. dec.)
20A-PL-418
Civil plenary. Dismisses an appeal by B.B.T.K.S., Inc. against former employee Annette Emmons, brought before the Monroe Circuit Court could rule on attorney’s fees. Finds the appeal is not properly before the appellate court. Specifically, finds no final judgment entered in the case and that B.B.T.K.S. has not sought an interlocutory appeal of the partial grant of summary judgment or the order denying its subsequent motion.

Sarah D. Haynes v. State of Indiana (mem. dec.)
20A-CR-1466
Criminal. Affirms Sarah Haynes’ three-year sentence for conviction of Level 5 felony intimidation with a deadly weapon. Finds the Henry Circuit Court did not abuse its sentencing discretion, and Haynes’ advisory sentence is not inappropriate.

J.H. v. State of Indiana (mem. dec.)
20A-JV-699
Juvenile. Affirms J.H.’s adjudication as a juvenile delinquent based upon a true finding for the offense of Class A misdemeanor dangerous possession of a firearm by a child. Finds sufficient evidence from which the factfinder in Marion Superior Court could have found that J.H. committed the offense of dangerous possession of a firearm by a child based on a theory of constructive possession.

In the Matter of the Termination of the Parent-Child Relationship of: M.C., J.C., Ja.C., Ma.C., and P.C. (Minor Children); C.C. (Mother) and Ch.C. (Father) v. Indiana Department of Child Services (mem.dec.)
20A-JT-1175
Juvenile termination. Affirms the termination of C.C. and Ch.C.’s parental rights over their minor children, M.C., J.C., Ja.C., Ma.C., and P.C. Finds there is a reasonable probability the conditions that resulted in children’s removal and the reasons for their placement outside of parents’ home will not be remedied. Also finds parents cannot show that the Orange Circuit Court erred when it concluded that termination of their rights is in the children’s best interests. Also finds the admission of challenged testimony was harmless error.

Raymond Lee Montgomery v. State of Indiana (mem. dec.)
20A-CR-183
Criminal. Affirms Raymond Montgomery’s 12-year sentence for conviction in Marion Superior Court of Level 3 felony robbery resulting in bodily injury and Class A misdemeanor interfering with the reporting of a crime. Finds that Montgomery’s claim of a “spontaneous” and “unplanned” robbery is counter to the facts presented and unpersuasive as an excuse. Also finds Montgomery’s sentence is not inappropriate given his previous criminal history of related offenses.

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