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Brent D. Mullis v. State of Indiana
24A-PC-1025
Post-conviction relief. Affirms Bartholomew Circuit Court Judge Kelly Benjamin’s sentence of Brent Mullis to 12 years in prison for felony burglary, theft and criminal mischief, and his adjudication as an habitual offender. Finds Mullis failed to show that trial counsel rendered ineffective assistance of counsel. Also finds Mullis has failed to show fundamental error, there is sufficient evidence to support Mullis’ conviction and Mullis’ aggregate sentence is not inappropriate. Attorney for appellant: R. Patrick Magrath. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Kathy Bradley.
K.M. v. Indiana Department of Child Services
24A-XP-1783
Expungement. Reverses Wabash Circuit Court Judge Robert McCallen III’s refusal to expunge the Department of Child Service records relating to the incorrect substantiation that the child of K.M. had suffered alleged abuse. Finds the mother met her burden of proving both elements of the state’s expungement statute by clear and convincing evidence and concludes the trial court abused its discretion in denying expungement. Remands with instructions to grant the mother’s petition for expungement of the DCS substantiation. Attorney for appellant: Rebecca Collins. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Monika Talbot.
State of Indiana v. Wilberto Rivera
24A-CR-1740
Criminal. Reverses Marion Superior Court Judge Marie Kern’s granting of Wilberto Rivera’s motion to suppress certain evidence, the suppression of which effectively precluded further prosecution of the charges against him. Finds that the trial court erred in finding that the search warrant of Rivera’s residence had not been based on probable cause. Remands for further proceedings. Attorneys for appellant: Attorney General Todd Rokita, Supervising Deputy Attorney General Justin Roebel, Deputy Attorney General Daylon Welliver. Attorney for appellee: Jeffrey Baldwin.
Kathryne Tillett v. State of Indiana
24A-CR-1413
Criminal. Reverses Kathryne Tillett’s convictions in Floyd Circuit Court for two counts of child molesting as level 1 felonies and her aggregate 80-year sentence. Finds that granting Tillett’s motion to permit belated notice of insanity defense would have been in the interest of justice and that the trial court abused its discretion in denying the motion. Remands for proceedings consistent with this opinion. Chief Judge Robert Altice dissents with separate opinion. Attorney for appellant: Matthew McGovern. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General George Sherman.
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