Opinions Jan. 23, 2024

Court of Appeals of Indiana
State of Indiana v. Trisha M. Woodworth
22A-CR-2557
Criminal. Reverses the grant of the Lake Superior Court’s own motion to correct error, vacating Trisha Woodworth’s conviction of Level 1 felony neglect of a dependent resulting in death and granting Woodworth a new trial, but also reverses Woodworth’s conviction. Finds the trial court abused its discretion when it granted its own motion to correct error. Also finds there is insufficient evidence to support the conviction.

Michael Morales v. State of Indiana
23A-CR-522
Criminal. Affirms Michael Morales’ convictions of two counts of Level 1 felony rape and one count of Level 3 felony criminal confinement. Finds the evidence was sufficient to support Morales’ rape convictions. Also finds the Porter Superior Court did not commit reversible error in refusing one of his proposed jury instructions, denying his motion for mistrial and granting the state’s motion to amend the charging information during jury deliberations.

Curtis Atkinson v. State of Indiana (mem. dec.)
23A-CR-587
Criminal. Affirms Curtis Atkinson’s convictions of Level 1 felony aiding, inducing or causing dealing in a controlled substance resulting in death and Level 5 felony conspiracy to commit dealing in a narcotic drug. Finds there is sufficient evidence to support the convictions.

Jason Wayne Morehouse v. State of Indiana (mem. dec.)
23A-CR-822
Criminal. Affirms the Tippecanoe Superior Court’s conclusion that Jason Wayne Morehouse was unsatisfactorily discharged from probation. Finds the trial court did not err.

In the Matter of the Paternity of: Z.D.B., Darlene Lewis v. Christopher J. Ballinger, Sr. (mem. dec.)
23A-JP-1268
Juvenile paternity. Affirms the order suspending Darlene Lewis’ grandparent visitation. Finds the Marion Circuit Court did not apply an incorrect legal standard. Also finds evidence was presented supporting the court’s conclusion that modification would serve child Z.D.B.’s best interests.

Jesus Ramon Flores v. State of Indiana (mem. dec.)
23A-CR-1447
Criminal. Affirms Jesus Ramon Flores’ conviction of Class A misdemeanor domestic battery. Finds the evidence was sufficient.

Brandy Willis v. Billy Ringbauer (mem. dec.)
23A-PL-1739
Civil plenary. Affirms the judgment against Brandy Willis in her action to set aside a deed. Finds the St. Joseph Probate Court correctly concluded that Willis had the burden of proof. Also finds the trial court’s order was not a final judgment.

Nathaniel Q. Buffington v. State of Indiana (mem. dec.)
23A-CR-1974
Criminal. Affirms Nathaniel Q. Buffington’s sentence to 2½ years for Level 6 felony resisting law enforcement. Finds Buffington’s sentence is not inappropriate in light of the nature of his offense or his character.

Tyrone Harper v. State of Indiana (mem. dec.)
23A-CR-2044
Criminal. Affirms Tyrone Harper’s conviction of Level 5 felony battery resulting in injury to a public safety officer. Finds there was no evidence presented at trial to support Harper’s claim that he acted in self-defense.

Lisa Bobay-Somers v. Professional Emergency Physicians, P.C. (mem. dec.)
23A-PL-586
Civil plenary. Affirms the grant of summary judgment to Professional Emergency Physicians P.C. on Lisa Bobay-Somers’ complaint alleging wrongful termination, violation of Indiana’s Wage Payment Statute and breach of contract. Finds that at the time of her discharge, Bobay-Somers was an at-will employee, and a reply email was not an expression of any statutorily conferred right or duty protected under the public policy exception to at-will employment. Also finds PEP is entitled to judgment as a matter of law.

Anthony T. Wilburn v. State of Indiana (mem. dec.)
23A-CR-607
Criminal. Affirms the denial of Anthony Wilburn’s Motion to Correct Erroneous Sentence. Finds the motion is an inappropriate means by which to address Wilburn’s claim that the revised sentence was erroneous as re-prosecution. Also finds Wilburn’s other claim that the revised sentence was erroneous because robbery is a lesser included offense of burglary is meritless. Finally, finds Wilburn’s remaining arguments on appeal are either waived or barred by res judicata.

Robert L. Williams v. State of Indiana (mem. dec.)
23A-CR-1040
Criminal. Affirms Robert Williams’ conviction of Level 1 felony attempted murder and his 35-year sentence, with 30 years executed and the remaining five years suspended to supervised probation. Finds the state presented sufficient evidence to support Williams’ conviction. Also finds the Tippecanoe Superior Court did not abuse its discretion when it did not sua sponte order a competency proceeding for Williams after he filed a 2021 competency report shortly before sentencing in 2023. Finally, finds William has not proven that his sentence is inappropriate in light of the nature of his offense and his character.

Edward Tyrone Nance, Jr. v. State of Indiana (mem. dec.)
23A-CR-1680
Criminal. Affirms Edward Tyrone Nance Jr.’s convictions on various drug-related charges. Finds the search was reasonable under Article 1, Section 11 of the Indiana Constitution. Also finds the Vanderburgh Superior Court did not abuse its discretion in admitting the evidence recovered during the search at trial.

In the Termination of the Parent-Child Relationship of: S.H. (Minor Child), and L.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1678
Juvenile termination of parental rights. Affirms the involuntary termination of mother L.C.’s parental rights to S.H. Finds the Fountain Circuit Court did not err.