Opinions Dec. 5, 2022

Court of Appeals of Indiana
Joseph Ray Varney v. State of Indiana (mem. dec.)
22A-CR-1186
Criminal. Affirms Joseph Ray Varney’s sentence of 15 years, with nine years executed and six years suspended to probation, for Level 3 felony dealing in methamphetamine and admitting to being a habitual offender. Finds the Clark Circuit Court acted within its discretion in sentencing Varney, and his sentence is not inappropriate in light of the nature of the offense and his character.

Joseph Hoffman v. State of Indiana (mem. dec.)
22A-CR-839
Criminal. Affirms the revocation of Joseph Hoffman’s probation. Finds the Dearborn Circuit Court did not abuse its discretion in revoking Hoffman’s probation or in ordering that he serve the balance of his previously suspended sentence.

Kendell W. Martin v. State of Indiana (mem. dec.)
22A-CR-1487
Criminal. Affirm the three-year aggregate sentence imposed on Kendell W. Martin by Gibson Circuit Court after Martin pleaded guilty to three counts of Class A criminal mischief. Finds the trial court didn’t abuse its discretion during sentencing. Also finds Martin has failed to meet his burden to demonstrate that the sentence is inappropriate.

De Andra Cheeks v. State of Indiana (mem. dec.)
22A-CR-1290
Criminal. Affirms De Andra Cheeks’ three-year aggregate sentence for Level 5 felony escape, Level 6 felony resisting law enforcement, Class B misdemeanor leaving the scene of an accident and Class A misdemeanor operating a motor vehicle without ever receiving a license. Finds his sentence isn’t inappropriate in light of the nature of the offense and his character.

Gregory Blair Goff Jr. v. State of Indiana (mem. dec.)
22A-CR-996
Criminal. Affirms Gregory Blair Goff Jr.’s convictions and aggregate four-year sentence for Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person, Class B misdemeanor possession of marijuana and his sentence enhancement for being a habitual vehicular substance offender. Finds the Terry stop on Goff’s vehicle was reasonable under the Fourth Amendment, as it was based on reasonable suspicion of criminal activity. Also finds the stop was reasonable under the state constitution, as the reasonable suspicion of criminal activity and the heightened law enforcement need to keep the driving public safe outweighed any intrusion on Goff’s ordinary activities. Finally, finds the Huntington Superior Court did not abuse its discretion in admitting the evidence found from the search, nor was his sentence inappropriate.

Jeromie Lee Bright v. State of Indiana (mem. dec.)
22A-CR-1164
Criminal. Affirms Jeromie Lee Bright’s conviction of Level 5 battery while armed with a deadly weapon and sentence of five years with 18 months suspended to probation. Finds there wasn’t error, let alone fundamental error, during jury selection. Also finds Bright’s sentence is not inappropriate in light of the offense or his character.

Edward D. Jackson v. State of Indiana (mem. dec.)
22A-CR-568
Criminal. Affirms Edward D. Jackson’s convictions of several drug offenses and the finding that he is a habitual offender. Finds the Marion Superior Court didn’t commit fundamental error when giving Preliminary Instruction 5.

Kenyutta R. Andrews v. State of Indiana (mem. dec.)
22A-CR-929
Criminal. Affirms Kenyutta Andrews’ convictions for three counts of Level 6 felony battery against a public safety official. Finds the state presented sufficient evidence beyond a reasonable doubt to establish Andrews’ convictions.

Juan Gomez v. State of Indiana (mem. dec.)
22A-CR-937
Criminal. Affirms Juan Gomez’s conviction of Class A misdemeanor invasion of privacy. Finds the state provided probative evidence from which the Marion Superior Court could conclude beyond a reasonable doubt that Gomez knowingly or intentionally violated a protective order. Also finds the trial court did not err when it convicted Gomez of invasion of privacy.

Leo H. Justice v. State of Indiana (mem. dec.)
22A-CR-1051
Criminal. Affirms Leo H. Justice’s sentence of 7½ years after he pleaded guilty to Level 6 felony failure to register as a sex or violent offender and admitted to being a habitual offender.  Finds the sentence is appropriate in light of the offense and his character.

George Snyder v. State of Indiana (mem. dec.)
22A-PC-1439
Post-conviction. Affirms the denial of George Snyder’s petition for post-conviction relief.  Finds Snyder’s contention that the Clay Super Court’s alleged failure to notify him of his Boykin rights rendered his guilty plea involuntary lacks merit.

I.N. v. State of Indiana (mem. dec.)
22A-JV-588
Juvenile. Affirms I.N.’s commitment to the Department of Correction. Finds the juvenile court did not abuse its discretion when it modified its dispositional decree and ordered I.N. to serve time in the DOC.

In re the Termination of the Parent-Child Relationship of R.W. (Minor Child) and A.P. (Mother) A.P. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-1537
Juvenile termination of parental rights. Affirms the termination of the parental rights of mother A.P. to child R.W. Finds A.P. waived her challenge to the child in need of services determination by failing to raise it in the Knox Superior Court. Also finds the trial court did not err when it concluded there is a reasonable probability that the conditions leading to R.W.’s removal will not be remedied. Finally, finds the totality of the evidence supports the trial court’s determination that termination of A.P.’s parental rights is in R.W.’s best interests.