Opinions July 6, 2022

Court of Appeals of Indiana
Jeffrey L. Awbrey v. State of Indiana
21A-CR-2867
Criminal. Reverses Jeffrey L. Awbrey’s conviction of Level 6 felony operating a vehicle while intoxicated. Finds that general testimony from a toxicologist about levels of methamphetamine consistent with those in Awbrey’s blood does not support the inference that Awbrey was impaired. Also finds the state failed to present sufficient evidence of the statutorily required impaired condition of thought and action and the loss of normal control of a person’s faculties. 

Nikeesha Haggard v. State of Indiana (mem. dec.)
21A-CR-2352
Criminal. Reverses Nikeesha Haggard’s conviction of operating a vehicle with an alcohol concentration equivalent of at least 0.08 but less than 0.15 as a Class A misdemeanor but affirms her conviction of Class C misdemeanor OWI. Finds Haggard’s convictions violate the prohibition against double jeopardy. Remands with instructions to vacate the ACE conviction and related sentence.

In the Matter of the Termination of the Parent-Child Relationship of T.C., Mother, and Minor Children, T.C. v. Indiana Department of Child Services (mem. dec.)
21A-JT-2530
Juvenile termination of parental rights. Affirms the termination of mother T.C.’s parental rights to C.B. and K.C. Finds T.C. waived her due process argument because she did not raise it in the juvenile court, but reviews the claim because she has a substantive due process right to raise her children. Also finds no violation of T.C.’s due process rights from the Department of Child Services’ decision to bar her from visiting the children after they alleged that she had molested them.

Dwain B. Horner v. State of Indiana (mem. dec.)
21A-CR-2819
Criminal. Reverses the order for Dwain Horner to pay restitution following his conviction of three counts of Level 4 felony burglary. Finds the Steuben Circuit Court improperly ordered Horner to pay restitution twice for the victim’s same chiropractor visit. Remands for entry of a corrected restitution order.

Edward M. Hampton v. State of Indiana (mem. dec.)
22A-CR-63
Criminal. Affirms the revocation of Edward M. Hampton’s probation and the order for him to return to prison to serve the rest of his 15-year sentence. Finds Hampton validly waived his right to counsel. Also finds there was no due process violation. Finally, finds the probation revocation and sanction were justified. Remands for correction of the sentencing documents.

Bradley V. Wilson v. Courtney N. Wilson (mem. dec.)
22A-JP-74
Juvenile paternity. Affirms the grant of mother Courtney Wilson’s petitions to find father Bradley Wilson in contempt, to require Bradley to pay Courtney’s attorney fees and to modify custody of the parties’ two children. Finds the Vanderburgh Superior Court did not err by denying Bradley’s untimely motion to continue so that he could obtain new counsel.

Paul L. Ray, Sr. v. State of Indiana (mem. dec.)
22A-CR-97
Criminal. Affirms Paul Ray Sr.’s sentence to four years executed, split between the Department of Correction and home detention, for his conviction of Level 5 felony operating a motor vehicle with a lifetime forfeiture of driving privileges. Finds the Shelby Superior Court did not abuse its discretion in sentencing Ray. Also finds Ray’s sentence is not inappropriate under Indiana Appellate Rule 7(B).

In the Termination of the Parent-Child Relationship of: T.I. (Minor Child), and J.I. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-213
Juvenile termination of parental rights. Affirms the termination of father J.I.’s parental rights to T.I. Finds the Tippecanoe Superior Court’s analysis was much broader than J.I. alleges, and its judgment is supported by clear and convincing evidence.

In re the Termination of the Parent-Child Relationship of: M.H. (Minor Child) And A.T. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-300
Juvenile termination of parental rights. Affirms the termination of mother A.T.’s parental rights to M.H. Finds clear and convincing evidence supports the Lake Superior Court’s order.

Alonzo Fenton Thomas III v. State of Indiana (mem. dec.)
22A-CR-330
Criminal. Affirms Alonzo F. Thomas III’s conviction of two counts of Class A misdemeanor invasion of privacy. Finds the state provided probative evidence from which the Marion Superior Court could conclude beyond a reasonable doubt that Thomas knowingly or intentionally violated a no-contact order. Also finds the trial court did not err when it convicted Thomas of invasion of privacy.