Opinions July 17, 2020

Indiana Court of Appeals
Nicholas David McHenry v. State of Indiana
19A-CR-02460
Criminal. Affirms Nicholas McHenry’s aggregate 24-year sentence for his convictions of two counts of Level 4 felony child molesting. Declines the state’s request to dismiss McHenry’s appeal because his plea agreement allowed him to appeal his sentence following an open plea, and the plea agreement left sentencing entirely to the trial court’s discretion. Finds that McHenry’s sentence is not inappropriate given the nature of his offense and his character, particularly in light of McHenry’s continuing acts of criminal sexual behavior.

Patrick M Elliott v. State of Indiana
19A-CR-2498
Criminal. Affirms Patrick Elliott’s convictions of felony murder and Class A misdemeanor false informing, and his aggregate 75-year sentence enhanced by using a firearm. Finds the Tippecanoe Superior Court did not err in admitting Pastor Keith Evans’ testimony regarding Elliott’s admission that he planted the knife at the scene of the shooting. Also finds that Elliott’s sentence is not inappropriate in light of the nature of the offenses and his character.

James B. Jenkins, III v. State of Indiana (mem. dec.)
19A-CR-2803
Criminal. Affirms James Jenkins convictions for two counts of child molesting, a Class A felony and Class C felony. Finds sufficient evidence to support the convictions.

Jermaine Newsome, Jr. v. State of Indiana (mem. dec.)
20A-CR-7
Criminal. Affirms Jermaine Newsome Jr.’s convictions for burglary as a Level 3 felony, criminal recklessness as a Level 5 felony and battery as a Level 5 felony. Finds sufficient evidence to support the convictions.

In the Matter of the Termination of the Parent-Child Relationship of: B.R. and A.R. (Minor Children); K.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-104
Juvenile termination of parental rights. Affirms the termination of mother K.W.’s parental rights to her minor children, B.R. and A.R. Finds sufficient evidence to support the termination.

Ashley E. Shelton v. Jeffrey M. Shelton (mem. dec.)
19A-DR-2561
Domestic relations. Dismisses as moot Ashley Shelton’s appeal of the Hamilton Superior Court’s order granting husband Jeffrey Shelton’s motion to enforce the final dissolution decree and to correct a clerical mistake. Finds that because Ashley no longer has any interest in Shelton Properties Indiana Inc., it is unnecessary for the appellate court to resolve the issues she raises on appeal.

Harve Hensley v. Bronson Hensley, Jr. (mem. dec.)
19A-TR-2376
Trust. Dismisses Harve Hensley’s discretionary interlocutory appeal from a June 7, 2019, order of the Jefferson Circuit Court addressing several pending motions in a dispute over Harve’s father’s estate. Finds the June 7 order was not properly certified for a discretionary interlocutory appeal. Lifts the stay imposed by the order accepting jurisdiction and remands to the trial court for further proceedings.

Joshua Belcher v. Heleny Pena (mem. dec.)
19A-DC-2959
Domestic relations with children. Affirms the Marion Superior Court’s order awarding mother Heleny Pena’s primary physical custody and attorney fees against Joshua Belcher. Finds the trial court did not abuse its discretion.

Jeffrey Lee Murray v. State of Indiana (mem. dec.)
20A-CR-543
Criminal. Affirms Jeffrey Murray’s two-year-and-three-month sentence for his conviction of Level 6 felony domestic battery. Finds the Lake Superior Court’s decision to order Murray to serve two years in Lake County Jail and three months in Marion County Community Corrections was not inappropriate. Judge Nancy Vaidik concurs in result without separate opinion.

Mortimer H. McClendon v. State of Indiana (mem. dec.)
19A-CR-2399
Criminal. Affirms Mortimer McClendon’s convictions of unlawful possession of a firearm by a serious violent felon, a Level 4 felony, and dealing in a synthetic drug or synthetic drug lookalike substance, a Level 6 felony, as well as his adjudication as an habitual offender. Finds McClendon lacks standing to challenge the propriety of an inventory search under the Fourth Amendment and Article I, section 11 of the Indiana Constitution.

Ronald D. Mitchell v. Indiana Department of Correction, et al. (mem. dec.)
19A-CT-2265
Civil tort. Affirms the Miami Circuit Court’s entry of summary judgment against Ronald Mitchell in favor of the Indiana Department of Correction, four DOC employees, Corizon Health Services Inc. and Corizon employees Michelle Goodpaster, Shalana R. Seifert and Tim Neff. Finds Ronald Mitchell has not developed a cogent argument or met his burden of demonstrating that the entry of summary judgment was erroneous.

D.H. v. State of Indiana (mem. dec.)
19A-JV-2403
Juvenile. Affirms D.H.’s adjudication as a delinquent child for what would be possession of marijuana, a Class B misdemeanor if committed by an adult. Finds D.H.’s rights were not violated under the Fourth Amendment to the United States Constitution or Article 1, section 11 of the Indiana Constitution. Also finds the Lawrence Circuit Court did not abuse its discretion in the admission of evidence.