Opinions Feb. 16, 2024

The following opinions were posted after IL deadline on Thursday:
7^th Circuit Court of Appeals
United States of America v. Adrian L. Johnson
22-2932
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly A. Brady.
Criminal. Affirms the denial of Adrian Johnson’s motion to suppress evidence found during a search of his car. Finds Sheriff’s Deputy Matthew Haber did not unconstitutionally prolong the stop to conduct a dog sniff. 

Indiana Supreme Court
Jennifer R. Teising v. State of Indiana
24S‐CR‐55
Criminal. Grants transfer and vacates Jennifer R. Teising’s convictions of 21 counts of theft and her aggregate 1,095‐day sentence. Finds the state did not introduce evidence that Teising acted with the criminal intent required for theft.

Friday opinions
Court of Appeals of Indiana
In the Matter of A.M.J. and A.L.J., Minor Children Alleged to be Children in Need of Services; S.J. (Father) v. Indiana Department of Child Services
23A-JC-2241
Juvenile CHINS. Affirms the Allen Superior Court’s order modifying custody of father S.J.’s sons in favor of their maternal grandmother. Finds the trial court did not abuse its discretion by modifying custody of the children in favor of the maternal grandmother.

Ronald W. Price v. State of Indiana (mem. dec.)
23A-CR-787
Criminal. Affirms Ronald W. Price’s convictions of two counts of felony murder and his aggregate 130-year sentence. Finds the Allen Superior Court did not abuse its discretion in instructing the jury. Also finds the state presented sufficient evidence to support the felony murder convictions. Finally, finds Price has not met his burden to demonstrate that his sentence is inappropriate.

Brandon J. Neubeck v. State of Indiana (mem. dec.)
23A-CR-1258
Criminal. Affirms Brandon J. Neubeck’s convictions of two counts of Level 4 felony child molesting. Finds the Allen Superior Court did not commit fundamental error in admitting testimony from two witnesses that the victims disclosed Neubeck sexually abused them. Also finds there was sufficient evidence to prove that Neubeck molested K.H.

Jacquail Belcher v. State of Indiana (mem. dec.)
23A-CR-1758
Criminal. Affirms Jacquail Belcher’s convictions of three counts of murder. Finds the state presented sufficient evidence to identify him as the person who shot the victims.

Christian O. Maradiaga v. State of Indiana (mem. dec.)
23A-CR-2368
Criminal. Affirms Christian O. Maradiaga’s 67-year sentence for murder, Level 6 felony neglect of a dependent and Class A misdemeanor interference with the reporting of a crime. Finds Maradiaga hasn’t carried his burden of showing that his sentence is inappropriate.

Cory N. Pollard v. State of Indiana (mem. dec.)
23A-CR-1310
Criminal. Affirms Cory Pollard’s convictions of Level 3 felony aggravated battery and Level 4 felony unlawful possession of a firearm by a serious violent offender and his aggregate 12-year sentence. Finds the Jackson Circuit Court did not abuse its discretion by permitting the state to amend the charging information. Also finds the state presented sufficient evidence to support Pollard’s convictions. Finally, finds Pollard’s sentence is not inappropriate.

Gustav Ryburn v. State of Indiana (mem. dec.)
22A-CR-2415
Criminal. Affirms Gustav Ryburn’s convictions of Class A felony burglary resulting in bodily injury and Class A felony criminal deviate conduct, and his 80-year sentence. Finds Ryburn is not entitled to discharge under Criminal Rule 4(C), and he waived his evidentiary argument regarding B.S.’s in-court identification of him. Also finds the Knox Superior Court did not err in admitting into evidence the challenged portion of Detective Stacy Reese’s cross-examination testimony. Finally, finds the trial court did not abuse its discretion when sentencing Ryburn, and his sentence does not warrant 7(B) revision.

Kurt Wertz v. State of Indiana (mem. dec.)
23A-CR-1052
Criminal. Affirms the Montgomery Circuit Court’s denial of Kurt Wertz’s motion for a sentence modification. Finds the trial court did not abuse its discretion in denying Wertz’s motion.

Montel Stephan Jackson v. State of Indiana (mem. dec.)
23A-CR-1779
Criminal. Affirms Montel Stephan Jackson’s conviction of Level 3 felony criminal confinement resulting in serious bodily injury. Finds the evidence is sufficient.

Danielle Graf v. State of Indiana (mem. dec.)
23A-CR-2291
Criminal. Affirms Danielle Graf’s aggregate three-year sentence for causing serious bodily injury when operating a vehicle with a Schedule I or II substance or its metabolite in her blood, a Level 5 felony, and possession of cocaine, a Level 6 felony. Finds the St. Joseph Superior Court’s order that Graf execute half of her aggregate sentence at the Department of Correction is not inappropriate in light of the nature of her offenses and her character.

A.D. v. State of Indiana (mem. dec.)
23A-JV-1683
Juvenile. Affirms the Elkhart Circuit Court’s placement of A.D. in the Department of Correction. Finds the trial court’s placement of A.D. with the DOC is consistent with his best interest and the safety of the community.

T.T. v. State of Indiana (mem. dec.)
23A-JV-1985
Juvenile. Affirms the dispositional order that placed T.T. in the youth center of the Indiana Department of Correction. Finds the Clark Circuit Court’s placement of T.T. with the DOC is consistent with his best interest and the safety of the community.

Hassan Aljarah v. State of Indiana (mem. dec.)
22A-PC-2077
Post-conviction relief. Affirms the Elkhart Circuit Court’s denial of Hassan Aljarah’s petition for post-conviction relief. Finds Aljarah has failed to meet his burden of showing that the post-conviction court erred.

Kevin Dwayne Mersch v. State of Indiana (mem. dec.)
23A-PC-2152
Post-conviction relief. Affirms the Hamilton Superior Court’s denial of Kevin Dwayne Mersch’s petition for post-conviction relief. Finds there was no reasonable theory of Mersch’s innocence, so he failed to establish prejudice under Strickland.

Robert W. Carr, III v. State of Indiana (mem. dec.)
23A-PC-1474
Post-conviction relief. Affirms the Marion Superior Court’s denial of Robert W. Carr III’s petition for post-conviction relief. Finds the trial court did not clearly err in denying Carr’s PCR petition.

B&E Excavation, Connor Brown v. John K. Ruppel, Jr. (mem. dec.)
23A-SC-537
Small claims. Affirms the Daviess Circuit Court’s award of damages in favor of John K. Ruppel Jr. in a dispute with Connor Brown. Finds the small claims court did not err.

In the Termination of the Parent-Child Relationship of: H.S. (Minor Child), And L.S. (Mother) v. Indiana Department of Child Services and Kids’ Voice of Indiana (mem. dec.)
23A-JT-1883
Juvenile termination of parental rights. Affirms the Marion Superior Court’s termination of mother L.S.’s parental rights to her minor child. Finds the trial court did not abuse its discretion by terminating L.S.’s parental rights to H.S.