Opinions Dec. 29, 2023

Court of Appeals of Indiana
Brandon Lee Kendall v. State of Indiana
23A-CR-1473
Criminal. Affirms Brandon Lee Kendall’s convictions for Level 6 felony identity deception. Finds that the crime of false informing is distinguishable from identity deception and thus there is no Article 1, Section 16 violation. Also finds the state presented evidence of a probative nature from which a reasonable trier of fact could find Kendall guilty of identity deception and it cannot state the state’s exhibit 2 was not relevant or that the probative value of the exhibit was substantially outweighed by the danger of unfair prejudice.

William S. Sloan v. State of Indiana
22A-CR-2250
Criminal. Affirms William Sloan’s conviction of three counts of child molesting. Finds a police detective’s  affidavit sufficiently established probable cause for the issuance pf a search warrant for Solan’s residence.

Shawn Tyler Miller v. State of Indiana
23A-CR-1793
Criminal. Affirms the Vanderburgh Circuit Court’s denial of Shawn Miller’s motion for discharge. Finds in the absence of an objection from Miller’s counsel, the issue is waived. Also finds the trial court did not violate Miller’s right to a speedy trial.

In the Matter of the Termination of Parental Rights of: A.B. (Minor Child) and I.B. (Mother) v. Indiana Department of Child Services
23A-JT-901
Juvenile termination of parental rights. Reverses the Randolph Circuit Court’s order terminating I.B.’s parental rights. Finds I.B.’s due process rights were violated, the trial court never obtained jurisdiction over her, and that significant and blatant service errors were overlooked by counsel and the trial court.

Derek D. Fingers v. Robert Carter Jr., Gary Durak, Barbara Eichman, John Galipeau, John Salyer, Richard Usdowski, and Monica Wala (mem. dec.)
23A-PL-908
Civil plenary. Affirms the LaPorte Superior Court’s entry of summary judgment in favor of the appellees. Finds the trial court properly entered summary judgment.

Daniel Devon Foy v. State of Indiana (mem. dec.)
23A-CR-1409
Criminal. Affirms Daniel Devon Foy’s sentence for Level 5 felony carrying a handgun without a license and Class B misdemeanor possession of marijuana. Finds Foy had not established his sentence is inappropriate.

Cordero L. Miller v. State of Indiana (mem. dec.)
23A-CR-1734
Criminal. Affirms the Lake Superior Court’s denial of Cordero Miller’s petition to let bail following his arrest on charges of one count of murder and three counts of Level 1 felony attempted murder. Finds the trial court did not abuse its discretion in denying Miller bail.

Jesse Clayton Courtney v. State of Indiana (mem. dec.)
23A-CR-258
Criminal. Affirms the Madison Circuit Court’s denial of Jesse Courtney’s requests for a mistrial. Finds the trial court did not abuse its discretion in denying Courtney’s requests for a mistrial.

Jimmy Shepard v. State of Indiana (mem. dec.)
23A-CR-496
Criminal. Affirms Jimmy Shepherd’s convictions of Level 5 battery resulting in bodily injury to a public safety official and Level 6 felony resisting law enforcement. Finds the officers acted lawfully and there was sufficient evidence to support the convictions.

Jatasia Turner v. New Bridge Apartments (mem. dec.)
23A-EV-1128
Eviction. Affirms the Marion County Small Claims Court’s finding in favor of New Bridge Apartments on its claim for eviction and damages against Jatasia Turner. Finds Turner’s Fourth Amendment argument is waived because she has not demonstrated that she raised the issue before the trial court, and she has not alleged sufficient facts for the appellate court to review her argument. Also finds the absence of a transcript of the eviction hearing makes it impossible for the court to determine whether the trial court deprived Turner of an opportunity to present a defense, thus her argument is waived.

J.C. v. State of Indiana (mem. dec.)
23A-JV-1667
Juvenile. Affirms J.C.’s adjudication as a juvenile delinquent for committing Class A misdemeanor dangerous possession of a firearm if committed by an adult. Finds the Marion Superior Court did not abuse its discretion because the seizure of the handgun was constitutionally sound.

In re the Involuntary Termination of the Parent-Child Relationship of J.H. (Minor Child) and A.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1540
Juvenile termination of parental rights. Affirms the Delaware Circuit Court’s order involuntarily terminating A.H.’s relationship with her child J.H. Finds no basis for reversal.

In re: the Termination of the Parent-Child Relationship of: B.R. (Minor Child) and C.S. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1755
Juvenile termination of parental rights. Affirms the involuntary termination of C.S.’s parental rights to his child B.R. Finds termination of C.S.’s parental rights to B.R. was in the child’s best interests.

Gregory L. Hale v. State of Indiana (mem. dec.)
23A-PC-1365
Post-conviction relief petition. Affirms the Sullivan Superior Court’s denial of Gregory Hale’s post-conviction relief petition. Finds Hale failed to demonstrate ineffective assistance of counsel or any other meritorious argument warranting relief.

Harold Amos Harvey v. State of Indiana (mem. dec.)
23A-CR-380
Criminal. Affirms the Porter Superior Court’s imposition of a no-contact order in favor of Harold Amos Harvey’s young son after Harvey pleaded guilty to one count of Level 5 felony possession of child pornography and one count of Class A misdemeanor invasion of privacy. Finds Harvey’s challenge to the no-contact order was not waived by terms of his plea agreement and that the trial court did not abuse its discretion by entering the no-contact order.

Joshua Allen Mansfield v. State of Indiana (mem. dec.)
23A-CR-1692
Criminal. Affirms Joshua Allen Mansfield’s one-and-a-half-year sentence for Level 6 felony operating a vehicle as a habitual traffic violator. Finds the Huntington Superior Court would impose the same sentence based on the aggravating factors supported by the record and the absence of mitigating factors.

Terence D. Walker v. State of Indiana (mem. dec.)
23A-CR-1773
Criminal. Affirms Terence Walker’s conviction of Level 1 felony murder and 35-year sentence. Finds Walker has not met his burden to demonstrate his sentence is inappropriate.

Dawn Rodriquez and James Rodriquez v. Angela Sloan (mem. dec.)
23A-SC-1760
Small claims. Affirms Morgan Superior Court’s grant of judgment to Angela Sloan. Finds the evidence of what dog bit Dawn and James Rodriquez’s dog Dixie was in conflict thus the Rodriquezes did not establish that the small-claims court’s judgment is contrary to law.

Jorge M. Navarro v. State of Indiana (mem. dec.)
23A-CR-1440
Criminal. Affirms Jorge Navarro’s conviction for Level 6 felony possession of methamphetamine. Finds the evidence was sufficient for his conviction.