Opinions June 27, 2023

Indiana Supreme Court
State of Indiana v. Bryan D. Lyons
23S-CR-163
Criminal. Grants transfer and affirms the suppression of incriminating statements Bryan D. Lyons made immediately after a polygraph that was changed to a “non-stipulated,” inadmissible investigatory examination without disclosure to the state. Finds that before excluding evidence as a Trial Rule 37 discovery sanction, a trial court must find that the exclusion is the sole remedy available to avoid substantial prejudice or that the sanctioned party’s culpability reflects an egregious discovery violation. Also finds the Lawrence Superior Court’s order in Lyons’ case enforced Trial Rule 37 within those limits.

Court of Appeals of Indiana
Kevin Allen Holladay v. State of Indiana
22A-MI-2633
Miscellaneous. Affirms the Madison Circuit Court’s denial of Kevin Holladay’s petition for removal from Indiana’s sex offender registry. Finds Hollady failed to show reversible err in the trial court’s denial of his petition.

In the Adoption of B.Y.N. (Minor Child) J.C. v. C.K. and D.K (mem. dec.)
23A-AD-130
Adoption. Affirms the Hamilton Superior Court’s order granting C.K. and D.K.’s petition to adopt B.Y.N. Finds the trial court did not err when it determined that father J.C. had irrevocably implied his consent to the adoption.

Ricardo Perez v. State of Indiana (mem. dec.)
22A-CR-2852
Criminal. Affirms Ricardo Perez’s convictions of Level 2 felony dealing in cocaine and Level 3 felony possession of cocaine following a jury trial. Finds the Marion Superior Court did not abuse its discretion when it admitted a recorded interview over Perez’s stated objection. Also finds the trial court did not commit fundamental error when it admitted the recorded interview into evidence. Finally, finds the prosecutor’s emphasis on Perez’s post-Miranda silence in the recorded interview during the prosecutor’s rebuttal violated Perez’s rights, but it did not make a fair trial impossible.

Levell Stewart v. State of Indiana (mem. dec.)
22A-CR-2953
Criminal. Affirms Levell Stewart’s conviction of Level 6 felony possession of a narcotic drug. Finds the Marion Superior Court did not abuse its discretion by admitting drug evidence that was not included in the state’s final exhibit list.

Justin Allen Handshoe v. State of Indiana (mem. dec.)
23A-CR-38
Criminal. Affirms the Noble Superior Court’s imposition of a $28 sheriff’s service fee on Justin Allen Handshoe but reverses the imposition of the $25 late payment fee and remands for correction of the trial court’s written sentencing order. Finds the trial court did not abuse its discretion in imposing the service fee but did abuse its discretion in imposing the late fee.

Avion A. Sexton, Sr. v. State of Indiana (mem. dec.)
22A-CR-1494
Criminal. Affirms Avion Sexton’s convictions of Level 1 felony neglect of a dependent resulting in death, Level 2 felony dealing in a narcotic and Class A misdemeanor possession of a controlled substance. Finds the St. Joseph Superior Court did not abuse its discretion by denying Sexton’s motion for severance. Also finds there was sufficient evidence to sustain his conviction for neglect of a dependent resulting in death.

Darrell E. Johnson, Sr. v. Linda J. Larkins (mem. dec.)
22A-EV-2844
Eviction. Affirms the Marion Superior Court’s award of prejudgment possession of property to Linda Larkins. Finds the trial court did not clearly err by concluding Larkins was entitled to possession of the property.

Mihail Ipatii v. State of Indiana (mem. dec.)
22A-IF-2353
Infraction. Affirms Mihail Ipatii’s conviction of falsely reporting his duty status as a commercial truck driver. Finds Ipatii’s challenges to the traffic stop, his sufficiency argument and his First Amendment argument are all waived.

In the Matter of the Paternity of: W.D. & A.D. (Children), Deanna Doyle (Mother) v. Zachary Dowty (Father) (mem. dec.)
22A-JP-3077
Juvenile paternity. Affirms the Jasper Circuit Court’s order modifying physical custody to father Zachary Dowty. Finds the trial court did not abuse its discretion in its modification of custody.

In the Termination of the Parent-Child Relationship of: M.A. and My. A. (Minor Children) and S.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-255
Juvenile termination of parental rights. Affirms the involuntary termination of mother S.J.’s parental rights to M.A. and My. A. Finds the St. Joseph Probate Court did not clearly err in finding a reasonable probability exists that the conditions resulting in the children’s removal and the reasons for placement outside mother’s care will not be remedied. Also finds the trial court’s determination that termination is in the children’s best interests is supported by clear and convincing evidence.

Paul Veal v. State of Indiana (mem. dec.)
22A-PC-2379
Post-conviction relief. Affirms the Marion Superior Court’s denial of Paul Veal’s petition for post-conviction relief. Finds Veal has not demonstrated that his trial counsel rendered ineffective assistance. Also finds Veal has not shown that he was prejudiced, so his claim of ineffective assistance of appellate counsel fails. Finally, finds the post-conviction court properly determined that Veal waived his claim under the Eighth Amendment.