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Jeremy W. Kelly v. State of Indiana
23A-CR-1805
Criminal. Affirms Jeremy W. Kelly’s conviction of Level 2 felony voluntary manslaughter. Finds the Jay Circuit Court did not abuse its discretion when it refused to grant an attorney’s motion to withdraw on the morning of the sentencing hearing.
Charles Anthony Robinson v. State of Indiana (mem. dec.)
23A-CR-676
Criminal. Affirms Charles Anthony Robinson’s convictions of Level 2 felony possession of methamphetamine with intent to deliver, Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony possession of a narcotic drug and Class B misdemeanor possession of marijuana, and the finding that he is a habitual offender. Finds Trooper Bryan Rumple did not violate Robinson’s Fourth Amendment rights by stopping and searching his vehicle. Also finds that although Robinson waived any argument that the stop and search of his vehicle violated his rights under the Indiana Constitution, the stop and search were nonetheless reasonable.
Company v. Review Board of the Indiana Department of Workforce Development and A.J.P. (mem. dec.)
23A-EX-782
Agency action. Affirms the decision of the Review Board of the Indiana Department of Workforce Development’s decision, which affirmed the decision of an administrative law judge that Employer did not have just cause to terminate A.J.P., so A.J.P. was entitled to unemployment compensation benefits. Finds Employer failed to establish a prima facie case of just cause for discharging A.J.P.
Josue Honorato Escalera v. State of Indiana (mem. dec.)
23A-CR-816
Criminal. Affirms and reverses in part Josue Escalera’s convictions of burglary while armed with a deadly weapon and criminal trespass, among other crimes, and his aggregate 31-year sentence, with one year suspended. Finds the state presented sufficient evidence to convict Escalera of Level 2 felony burglary while armed with a deadly weapon and for the Tippecanoe Superior Court to find that he is a habitual offender. Also finds Escalera has not shown that his sentence is inappropriate in light of the nature of his offenses and his character. Finally, finds the state did not prove that Escalera’s parents or their agent denied him entry to their property.
Joshua Haseman v. Kelly (Haseman) Peters (mem. dec.)
23A-DR-827
Domestic relations. Affirms the modification of physical and legal custody of M.H. and N.H. from father Joshua Haseman to mother Kelly Peters jointly to Peters solely, the modification of Haseman’s parenting time and the finding that he was in contempt of court for noncompliance with a court order. Finds Haseman’s significant noncompliance with Indiana Appellate Rule 46 substantially impedes appellate review of all his claims. Also finds Haseman waived his due process claims by failing to timely object.
In the Matter of the Civil Commitment of J.J., J.J. v. Richard L. Roudebush Veterans Affairs Medical Center (mem. dec.)
23A-MH-854
Mental health. Affirms J.J.’s commitment to the Richard L. Roudebush Veterans Affairs Medical Center for no longer than 90 days. Finds J.J.’s commitment has expired, but the appeal can be reviewed under the public interest exception to mootness. Also finds the Marion Superior Court did not violate Interim Indiana Administrative Rule 14.
Alejandro Benitez Resendez v. State of Indiana (mem. dec.)
23A-CR-1148
Criminal. Appeals Alejandro Benitez Resendez’s 36-year sentence for three counts of Level 4 felony child molesting. Finds the sentence is not inappropriate.
Jeffrey Todd Long v. State of Indiana (mem. dec.)
23A-CR-1179
Criminal. Affirms the denial of Jeffrey Todd Long’s motion to sever and his sentence to 61 years executed for Level 1 felony child molesting, Level 2 felony child seduction, Level 4 felony sexual misconduct with a minor, Level 3 felony rape and Level 4 felony sexual misconduct with a minor. Finds the Carroll Circuit Court did not abuse its discretion in denying Long’s Motion for Severance of Counts. Also finds Long’s sentence is not inappropriate in light of the nature of the offenses or his character.
Jeff L. Roach, Jr. v. State of Indiana (mem. dec.)
23A-CR-1858
Criminal. Affirms Jeff L. Roach Jr.’s conviction of Class A misdemeanor intimidation. Finds evidence of probative value exists from which the Boone Circuit Court as trier of fact could have found Roach guilty beyond a reasonable doubt.
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