Opinions July 27, 2023

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Court of Appeals of Indiana
Jason Walden v. State of Indiana
22A-CR-2363
Criminal. Affirms Jason Walden’s convictions of three counts of Level 1 felony child molesting and two counts of Level 4 felony child molesting but reverses his aggregate 102-year sentence. Finds the Clinton Circuit Court did not abuse its discretion when it replayed the victim’s entire testimony in response to a jury question. Also finds the trial court’s consideration of Walden’s prior acquittals was improper. Remands for resentencing. Judge Cale Bradford concurs in part and dissents in part with separate opinion.

Freeman Hochstetler, Willard Yoder, and Joe Hochstetler v. State of Indiana
22A-CR-2154
Criminal. Affirms Freeman Hochstetler, Willard Yoder and Joe Hochstetler’s convictions for Class A misdemeanor intimidation. Finds the evidence was sufficient to sustain the defendants’ convictions. Also finds the convictions were not barred by the church autonomy doctrine. Finally, finds the defendants waived their remaining claims.

Sean W. Clover v. State of Indiana (mem. dec.)
22A-CR-2252
Criminal. Affirms the Bartholomew Superior Court’s denial of Sean Clover’s petition to modify his sentence. Finds the trial court did not abuse its discretion.

James Broadus v. State of Indiana (mem. dec.)
22A-CR-2474
Criminal. Affirms the denial of James Broadus’ petition for permission to file a belated notice of appeal. Finds the Marion Superior Court did not err.

Cyle Cowherd v. State of Indiana (mem. dec.)
23A-CR-208
Criminal. Affirms Cyle Cowherd’s conviction of illegal possession of a firearm. Finds the Marion Superior Court did not abuse its discretion in admitting a Facebook video. Also finds the state proved beyond a reasonable doubt that Cowherd, a serious violent felon, knowingly or intentionally possessed one or both of the firearms found in his mother’s home.

Trey William Magnetti, Jr. v. State of Indiana (mem. dec.)
23A-CR-516
Criminal. Affirms the revocation of Trey Magnetti’s work release placement. Finds the Vigo Superior Court did not abuse its discretion when it revoked Magnetti’s placement for violating the terms of his work release.

R.T. v. State of Indiana (mem. dec.)
23A-JV-228
Juvenile. Affirms the St. Joseph Probate Court’s decision to commit R.T. to the Department of Correction. Finds the trial court did not abuse its discretion.

In the Termination of the Parent-Child Relationship of: F.S. (Minor Child), and S.S. (Father) and A.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-302
Juvenile termination of parental rights. Affirms the termination of father S.S. and mother A.D.’s parental rights. Finds the evidence was sufficient to support the St. Joseph Probate Court’s conclusion that the conditions resulting in F.S.’s removal would not be remedied. Also finds S.S.’s due process rights were not violated.

In the Termination of the Parent-Child Relationship of: M.W. and R.W. (Minor Children), And T.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-347
Juvenile termination of parental rights. Affirms the termination of mother T.L.’s parental rights. Finds the Madison Circuit’s order was not clearly erroneous.

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