Opinions March 20, 2024

Indiana Court of Appeals
Osama Shibli v. State of Indiana
23A-CR-1339
Criminal. Affirms the state’s charges against Osama Shibli for two counts of Level 6 felony failure to register as a sex or violent offender based on a prior conviction for child molesting in Indiana. Finds that the state’s sex-offender registration requirement, as applied to Shibli, does not violate the ex post facto clause of the Indiana Constitution.

Ashley Jackson, as Personal Representative of the Estate of Michael L. Jackson, Deceased v. E&B Paving, LLC, et. al.
23A-CT-950
Civil tort. Affirms the Marion Superior Court’s summary judgment in favor of E&B Paving, LLC, Fox Contractors, Corp. and Hanson Professional Services, Inc. Finds that there exist no genuine issues of material fact and that E&B, Fox, and Hanson are entitled to summary judgment as a matter of law.

Timothy L. Hall, Jr. v. State of Indiana
22A-CR-3007
Criminal. Affirms Timothy Hall Jr.’s convictions in Allen Superior Court of murder, criminal recklessness, resisting law enforcement, and neglect of a dependent. Finds the trial did not court err when it prevented an additional question Hall asked of a witness to impeach the sister’s testimony. Also finds Hall also has not shown error regarding his claim of self-defense. Finally, finds Hall’s 74-year aggregate sentence is not inappropriate in light of the nature of the offenses and his character.

Cody R. Goode v. State of Indiana (mem. dec.)
23A-CR-1106
Criminal. Affirms Cody Goode’s convictions in Marion Superior Court of felony pointing a firearm, felony criminal recklessness, misdemeanor criminal mischief and misdemeanor criminal recklessness. Finds there was sufficient evidence to support Goode’s convictions.

Theodore Sherratt v. Jefferson Capital Systems LLC (mem. dec.)
23A-CC-1276
Civil collections. Affirms the Gibson Superior Court’s granting of Jefferson Capital Systems LLC’s  motion to compel arbitration and dismissal of Theodore Sherratt’s counterclaims with prejudice. Finds that Jefferson had the same set of rights that CarMax possessed when it executed the contract and could enforce the arbitration provision.

Juana Linares v. Andres Jaimes (mem. dec.)
23A-DC-2209
Domestic relations with children. Affirms the Monroe Circuit Court’s dissolution decree for Juana Linares and Andres Jaimes. Finds no abuse of discretion in the trial court’s custody order and marital property division.

Joshua Govea v. State of Indiana (mem.dec.)
23A-CR-1671
Criminal. Affirms Johsua Govea’s convictions in Dubois Circuit Court for child molesting and public voyeurism. Finds the state presented sufficient evidence to support his conviction for child molesting as a Level 1 felony beyond a reasonable doubt.

In Re: The Termination of the Parent-Child Relationship of: A.W. (Minor Child), and A.A. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-2638
Juvenile termination of parental rights. Affirms the Allen Superior Court’s order, granting the petition of the Indiana Department of Child Services to terminate A.A.’s parental rights to the minor child, A.W. Finds the trial court’s order terminating the father’s parental rights to the child was not clearly erroneous.

LeDarien Devontae Deshon Gregory v. State of Indiana (mem. dec.)
23A-CR-2294
Criminal. Affirms LeDarien Gregory’s 10-year sentence in Lake Superior Court for felony criminal confinement. Finds his sentence is appropriate in light of the nature of his offense and his character.

Christopher Eugene Douglas v. State of Indiana (mem. dec.)
23A-CR-2288
Criminal. Affirms Christopher Douglas’ conviction after a Madison Circuit Court bench trial of one count of Level 6 felony theft. Finds that the evidence supporting Douglas’ conviction is sufficient.

Willie Rogers v. State of Indiana (mem. dec.)
23A-PC-3089
Post conviction relief. Affirms the LaGrange Circuit Court’s denial of Willie Rogers’ petition for post conviction relief. Finds the post conviction court properly denied Rogers’s petition for post conviction relief.

Victoria Bobos Loredo v. Fernando Agustin Loredo (mem. dec.)
23A-DR-2486
Domestic relations. Affirms the Lake Superior Court’s order enforcing its original decree by ordering Victoria Loredo to assume or refinance the Countrywide mortgage by Dec. 1, 2023, or, if failing that, to sell the marital residence. Finds the trial court abused its discretion by denying the mother’s request for a contribution from Fernando Loredo in the amount of $13,200, in addition to the $5,600 already owed for educational expenses and which was not disputed before this court. Reverses the trial court and awards the mother $13,200 as a contribution from the father.

DeWayne Edward Patterson v. State of Indiana (mem. dec.)
23A-CR-975
Criminal. Affirms DeWayne Patterson’s conviction in Marion Superior Court for murder. Finds the state presented sufficient evidence to rebut Patterson’s claim of self-defense and the state did not commit prosecutorial misconduct.

In Re: The Matter of the Paternity of V.J-S., Faith Elise Jones v. Deven Alan Strader (mem. dec.)
23A-JP-2145
Juvenile paternity. Affirms the Allen Circuit Court’s denial of Faith Jones’ motion to correct error and declined her invitation to find Deven Strader in contempt of court. Finds that while some of the mother’s claims lack merit, the appellate court cannot agree that they were so permeated with meritlessness that an award of appellate attorney’s fees to the father is warranted.