Opinions June 8, 2023

Indiana Supreme Court

Donald R. Owen, Jr. v. State of Indiana
21S-LW-333
Life without parole. Affirms Donald Owen’s sentence of life without parole for his conviction of murder. Finds there was sufficient evidence in the Elkhart Circuit Court to find Owen was a major participant and to support two of the statutory aggravators. Also finds the trial court did not abuse its discretion in declining Owen’s proposed jury instructions. Finally, finds the record supports other aggravators.

Court of Appeals of Indiana

Indiana Board of Pharmacy, Donna S. Wall, Steven Anderson, Del Fanning, Winnie Landis, Mark Smosma, and Matt Balla v. Paul J. Elmer
22A-PL-1811
Civil plenary. Grants Paul Elmer’s petition for rehearing to clarify his claims against the Indiana Board of Pharmacy members are encompassed in the COA’s original disposition. Finds the Marion Superior Court erred in entering judgment in favor of Elmer against the board members in their official capacities.

Bradley Vernon, Jr. v. State of Indiana
22A-CR-2534
Criminal. Affirms Bradley Vernon’s conviction of Level 5 battery resulting in bodily injury to a person less than 14 years of age. Finds the state submitted sufficient evidence in the Marion Superior Court. Judge Paul Mathias concurs in result with separate opinion.

Kendra Shepherd Tilley v. Russell A. Shepherd (mem. dec.)
22A-DC-2523
Domestic relations with children. Affirms the Jefferson Circuit Court’s granting of Russell Shepherd’s petition to modify custody of minor children. Finds the trial court’s decision was not clearly erroneous. Judge Patricia Riley dissents with separate opinion.

Tynae R. Couts v. State of Indiana (mem. dec.)
22A-CR-1990
Criminal. Affirms Tynae Couts’ sentence for Level 5 felony reckless homicide. Finds the Clark Circuit Court did not err when it increased her sentence. Also finds the trial court did not abuse its discretion when it did not find Couts’ guilty plea as a mitigator. Finally, finds Couts’ six-year sentence is not inappropriate.

Emad Samir Rezk Ayad v. State of Indiana (mem. dec.)
22A-CR-2669
Criminal. Affirms Emad Ayad’s conviction of Level 3 felony robbery. Finds the state produced sufficient evidence in the Hamilton Circuit Court.

Michael Galateanu v. State of Indiana (mem. dec.)
22A-CR-1413
Affirms Michael Galateanu’s convictions for Level 5 obstruction of justice and Level 5 intimidation in the Lake Superior Court. Finds the state presented sufficient evidence.

Master Alexander Porter v. State of Indiana (mem. dec.)
22A-CR-2976
Criminal. Affirms Master Porter’s sentence for Level 5 escape. Finds Porter’s three-year sentence from the LaPorte Superior Court is not inappropriate in light of the offense and his character.

Demareyon Robinson v. State of Indiana (mem. dec.)
22A-CR-2593
Criminal. Affirms Demareyon Robinson’s conviction for murder. Finds the Madison Circuit Court did not commit fundamental error by admitting certain statements that he had made to police into evidence at trial. Also finds Robinson invited any error that may have occurred.

Mario Minion v. State of Indiana (mem. dec.)
22A-CR-2613
Criminal. Affirms Mario Minion’s conviction for Class A carrying a handgun without being licensed in the Marion Superior Court. Finds Minion’s argument is a request to reweigh the evidence and assess his credibility. Also finds the state proved beyond a reasonable doubt Minion committed the offense.

Bonnie C. Hoff v. State of Indiana (mem. dec.)
22A-CR-2692
Criminal. Affirms the revocation of Bonnie Hoff’s probation. Finds the state presented sufficient evidence. Finds the Noble Circuit Court erred by supporting the revocation of Hoff’s probation with acts Hoff committed after the trial court found her term of probation had expired. Remands with instructions to issue a new sanctioning order.

Robert Scott Geise v. State of Indiana (mem. dec.)
22A-CR-2461
Criminal. Affirms Robert Geise’s convictions of Level 1 neglect of a dependent, Level 6 possession of methamphetamine and Class B possession of a device or substance used to interfere with a drug or alcohol screening test. Finds the Rush Superior Court did not abuse its discretion by denying Geise’s motion to sever the drug-related charges. Also finds any evidence of drug dealing activities after S.G.’s death did not impermissibly sway the jury. Finally, finds the evidence was sufficient for the jury to find that Geise knowingly placed S.G. in a situation that endangered S.G.’s life or health.

Michael M. Rivers v. State of Indiana (mem. dec.)
22A-CR-1997
Criminal. Affirms Michael Rivers’ conviction of Level 3 felony rape and sentence of 10 years, with two years suspended to probation, in the Tippecanoe Superior Court. Finds the sentence is not inappropriate.

Samajui Devonta Barnes v. State of Indiana (mem. dec.)
22A-CR-2390
Criminal. Affirms Samajui Barnes’ conviction and sentence for murder in the Vanderburgh Circuit Court. Finds the repetition of the phrase “guilty” by prospective jurors during voir dire did not constitute fundamental error. Also finds a jury instruction was not erroneous. Finally, finds the sentence is not inappropriate.

In the Matter of the Termination of the Parental Rights of: La.B., A.B., Li.B., and Le.B., (Minor Children) and D.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2970
Juvenile termination of parental rights. Affirms the Allen Superior Court’s order terminating D.B.’s parental rights. Finds the trial court’s judgment was supported by the unchallenged findings of fact and was not clearly erroneous.

In the Matter of the Termination of the Parent-Child Relationship of C.G., J.G., and M.G. (Minor Children) and S.G. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-3091
Juvenile termination of parental rights. Affirms the LaGrange Circuit Court’s termination of S.G.’s parental rights. Finds S.G. waived appellate review of his claim that the juvenile court denied him due process.

Matthew Underhill v. Kimberly Underhill (mem. dec.)
22A-MI-3058
Miscellaneous. Reverses the Daviess Circuit Court’s decisions regarding a purchase agreement between Kimberly Underhill and Matthew Underhill. Finds the trial court erred when it entered judgment in favor of Kimberly on her quiet title claim, ordered specific performance of the purchase agreement and granted Matt the amount due after his accounting. Remands with instructions for proceedings consistent with the decision.

Troy A. Briscoe v. State of Indiana (mem. dec.)
22A-PC-1987
Post conviction relief. Affirms the Madison Circuit Court’s dismissal of Troy Briscoe’s post-conviction relief petition. Finds the trial court did not abuse its discretion.