Opinions June 24, 2020

The following Indiana Supreme Court decision was posted after IL deadline Tuesday.
Brian E. Hardin v. State of Indiana
20S-CR-418
Criminal. Affirms in a 3-2 decision Brian Hardin’s conviction and 22-year aggregate sentence for conviction of possession and dealing methamphetamine and the denial of his motion to suppress evidence found in a search of his truck. The majority — justices Christopher Goff, Mark Massa and Geoffrey Slaughter — find the search was not unreasonable under Litchfield v. State, 824 N.E.2d 356, 361 (Ind. 2005). Justice Steven David and Chief Justice Loretta Rush dissent and would grant the motion to suppress and remand for a new trial in Morgan Circuit Court. Slaughter in a separate concurrence questions the test developed under Litchfield.

Wednesday’s opinions
Indiana Supreme Court
N.G. v. State of Indiana
19S-XP-673
Expungement. Reverses and remands denial of N.G.’s expungement petition in Elkhart Superior Court. Finds that a 2020 act of the General Assembly, which clarified the wait-time issue that arose after his minor felony conviction was reduced to a misdemeanor, applies retroactively. Remands with instructions for the trial court to grant N.G.’s expungement petition. Justice Geoffrey Slaughter dissents with opinion.

Indiana Court of Appeals
Montel Giden v. State of Indiana
19A-CR-2891
Criminal. Affirms Montel Giden’s two convictions of Level 6 felony escape. Finds the escape statute, Indiana Code Section 35-44.1-3-4(b),does not violate the Proportionality Clause of Article 1, Section 16 of the Indiana Constitution. However, notes as “problematic” that the escape statute treats “relatively minor violations” the same as the violations of a defendant who absconds from pretrial detention and asks the Indiana General Assembly to consider amending the statute. Rules Giden failed to demonstrate the Shelby Superior Court erred in instructing the jury. Holds the evidence was sufficient to sustain Giden’s conviction for escape related to the July 24, 2019 incident.

Armann Jamal Johnson v. State of Indiana
19A-CR-2849
Criminal. Reverses and vacates Armann Johnson’s conviction of Level 5 felony battery with a deadly weapon. Finds the LaPorte Superior Court abused its discretion in admitting Johnson’s confession and the remaining evidence is insufficient to support the conviction.

Kyli D. Smith v. National Collegiate Student Loan Trust (mem. dec.)
19A-CC-3041
Civil collections. Affirms the DeKalb Superior Court’s grant of summary judgment in favor of National Collegiate Student Loan Trust. Finds the trial court properly admitted NCSLT’s designated evidence and summary judgment was proper because no genuine issue of material fact exists.

Derrick McNeal v. State of Indiana (mem. dec.)
19A-CR-1780
Criminal. Affirms Derrick McNeal’s conviction of Level 5 felony possession of a narcotic drug and Class B misdemeanor possession of marijuana in Marion Superior Court, rejecting his challenge to the admission of evidence.

Andrew D. Hunter v. State of Indiana (mem. dec.)
19A-CR-2987
Criminal. Affirms Andrew Hunter’s conviction of Level 5 felony criminal confinement, finding the conviction in Vanderburgh Circuit Court does not violate the prohibition against double jeopardy.

Tommy L. Sanders v. State of Indiana (mem. dec.)
20A-CR-22
Criminal. Affirms Tommy Sanders’ conviction in Marion Superior Court of Level 6 felony domestic battery and his 730-day sentence, with 722 days suspended and 365 days of probation. Rejects his arguments on appeal that the evidence was insufficient and his sentence was inappropriate.

Ralpheal Deleon Chambliss v. State of Indiana (mem. dec.)
19A-CR-2878
Criminal. Affirms Ralpheal Chambliss’ 18-month conviction following his guilty plea in Lake Circuit Court for making a false statement on a criminal information form, a Level 6 felony. The trial court did not abuse its discretion in sentencing and Chambliss’ sentence is not inappropriate.

Stephon Moore v. State of Indiana (mem. dec.)
19A-CR-2573
Criminal. Affirms Stephon Moore’s convictions of murder and Level 1 felony attempted murder and his 95-year sentence imposed in Jennings Circuit Court. Finds sufficient evidence rebuts Moore’s claim of self-defense and his sentence is not inappropriate.

Ja’Juan Hudson v. State of Indiana (mem. dec.)
19A-CR-2673
Criminal. Affirms Ja’Juan Hudson’s conviction of Level 3 felony child molesting, finding the Marion Superior Court did not abuse its discretion in admitting Hudson’s statement to police. Rules the state presented evidence that Hudson was an adult when he committed the charged offense.

In the Matter of the Adoption of M.H. (Minor Child): K.S. and T.S. v. D.S. (mem. dec.)
19A-AD-1708
Adoption. Affirms on interlocutory appeal of the Newton Circuit Court’s order granting father D.S.’s motion to contest the adoption of his biological child M.H. Finds the trial court did not err in holding that father’s consent is required for the child’s adoption.