Opinions Dec. 16, 2020

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Indiana Court of Appeals
Nathan C. Albrecht v. State of Indiana
20A-CR-945
Criminal. Affirms the denial of Nathan Albrecht’s motion to suppress evidence found that led to the state of Indiana filing 10 counts of child pornography against him. Finds that the issuing judge had a substantial basis for finding that probable cause existed for the second search warrant and that the second search warrant was particularized in terms of the items to be seized and in terms of the scope of the search to be performed.

Joel E. Taylor v. State of Indiana (mem. dec.)
20A-CR-1252
Criminal. Affirms Joel Taylor’s conviction of Level 6 felony stalking. Finds the evidence supporting his conviction in Delaware Circuit Court is sufficient.

Jennifer Spivey v. Charles Spivey (mem. dec.)
20A-DC-845
Domestic relations with children. Reverses the Marion Superior Court’s dissolution decree. Finds the court erred in conflating husband’s retirement account with the parties’ pension and in failing to rule on wife’s contempt petition. Remands with instructions for the trial court to amend the decree pertaining to the division of retirement assets and rule on wife’s contempt petition.

Edgar J. Cyr v. Jennifer N. (Cyr) Bowen (mem. dec.)
20A-DR-1109
Domestic relations. Affirms the Howard Superior Court order requiring wife to pay husband $783 for child support overpayment and denying husband’s requested credit for overpayment in other respects. Finds no abuse of discretion.

In the Matter of: M.C., K.H., and T.H., Children in Need of Services: B.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
20A-JC-1368
Juvenile CHINS. Affirms the Bartholomew Circuit Court’s determination that M.C., K.H. and T.H. are children in need of services, holding the evidence supports the trial court’s findings.

In Re: The Involuntary Commitment of Y.K. v. Deaconess Hospital, April Toelle and Selah House (mem. dec.)  
20A-MH-1116
Mental health. Affirms the Vanderburgh Superior Court’s extension of Y.K.’s involuntary temporary commitment. Finds that there was sufficient evidence that Y.K. was both mentally ill and gravely disabled.  

C.N. v. K.B. (mem. dec.)
20A-AD-1361
Adoption. Affirms an adoption petition granted by the St. Joseph Probate Court, affirming the court’s finding that putative father C.N.’s consent was implied because he had failed to register with the putative-father registry within the required period.

Tamika Ballance v. State of Indiana (mem. dec.)
20A-CR-1312
Criminal. Affirms Tamika Ballance’s conviction of Class B misdemeanor battery after she bit another person during an altercation at the IndyGo bus terminal. Finds the Marion Superior Court did not err by admitting a security guard’s in-court identification of Ballance.

Christopher Riddle v. State of Indiana (mem. dec.)
20A-CR-24
Criminal. Affirms Christopher Riddle’s conviction of Level 5 felony operating a vehicle while intoxicated causing death. Finds the Floyd Superior Court did not err by denying his motion for discharge under Criminal Rule 4(C), and the evidence was sufficient to support the conviction. Also holds his sentence of one year in the Department of Correction, one year of home detention and one year suspended to probation is not inappropriate, and the trial court did not err by refusing two of Riddle’s tendered jury instructions.

Kari A. Spray v. State of Indiana (mem. dec.)
20A-CR-1165
Criminal. Affirms the revocation of Kari Spray’s probation, finding the evidence was sufficient to support the Jackson Circuit Court’s finding that she violated probation.

Luciano Galvan v. State of Indiana (mem. dec.)
20A-CR-520
Criminal. Affirms Luciano Galvan’s conviction of Level 3 felony rape after a jury trial in Lake Superior Court. Finds the court did not abuse its discretion in admitting evidence or instructing the jury and the evidence is sufficient to support the conviction.

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