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Anthony Malone v. State of Indiana
21A-CR-2380
Criminal. Affirms Anthony Malone’s aggregate 21-year sentence for reckless homicide, a Level 5 felony, and an enhancement for the use of a firearm in the commission of the offense. Finds the St. Joseph Superior Court did not abuse its discretion at sentencing. Also finds Malone’s sentence is not inappropriate.
State of Indiana v. Tala M. Jones
21A-CR-2254
Criminal. Reverses the Wayne Superior Court’s suppression of suspected heroin and cocaine but affirms the denial of Tala Jones’ request to suppress the suspected marijuana found in her car. Finds any violation of Jones’ right to be free from self-incrimination under the Fifth Amendment or Article 1, Section 14 of the Indiana Constitution did not require suppression of the physical fruits of that violation. Also finds the search of Jones’ vehicle violated neither her federal nor her state constitutional rights to be free from unreasonable search and seizure. Remands for trial.
Tevin B.S. Attkisson v. State of Indiana
21A-CR-2659
Criminal. Affirms Tevin B.S. Attkisson’s conviction for robbery while armed with a deadly weapon as a Level 3 felony and his sentence to 16 years, with 14 years executed at the Indiana Department of Correction and two years suspended to probation. Finds the Elkhart Circuit Court did not abuse its discretion by admitting evidence of an uncharged offense pursuant to Indiana Evidence Rule 404(b)(2) to establish Attkisson’s identity. Also finds the state presented sufficient evidence beyond a reasonable doubt to establish that Attkisson was armed with a deadly weapon. Finally, finds Attkisson’s sentence is not inappropriate in light of the offense and his character.
Michael Anthony Thompson v. State of Indiana (mem. dec.)
21A-CR-2463
Criminal. Affirms Michael A. Thompson’s sentence to 13 years fully executed in the Indiana Department of Correction for his conviction of Level 3 felony aggravated battery. Finds the Monroe Circuit Court did not abuse its discretion in sentencing Thompson. Also finds his sentence is not inappropriate.
Fitolay Demesmin v. State of Indiana (mem. dec.)
21A-CR-2569
Criminal. Affirms Fitolay Demesmin’s conviction of felony murder. Finds Demesmin has waived his claim challenging the Vanderburgh Superior Court’s refusal to give his requested jury instruction on assisting a criminal as a lesser included offense of murder by failing to tender a written proposed instruction or identify a number from the Indiana Pattern Jury Instructions. Also finds the circumstances cited in the probable cause affidavit provided a substantial basis for the trial court’s conclusion that probable cause existed to search the Covert Avenue residence.
Mary Wallskog v. Tekton Restoration Services, LLC, d/b/a Servicemaster Restoration by Tekton (mem. dec.)
21A-CC-2802
Criminal. Affirms the grant of summary judgment in favor of Tekton Restoration Services LLC d/b/a Servicemaster Restoration by Tekton on Tekton’s complaint and against Mary Wallskog on her counterclaims. Finds the Porter Superior Court did not err.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: G.M. and L.C. (Minor Children) and H.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-75
Juvenile termination of parental rights. Affirms the termination of mother H.C.’s parental rights to G.M. and L.C. Finds the Department of Child Services presented sufficient evidence to establish the requisite statutory elements. Also finds the termination order is not clearly erroneous.
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