Opinions Nov. 13, 2020

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Indiana Court of Appeals
R.W. v. J.W.
19A-PO-02697
Protective order. Affirms the issuance of a permanent protective order against Rafer Weigel and the Porter Superior Court’s denial of his motion to dismiss the petition for an order of protection. Finds the trial court did not err by failing to transfer J.W.’s petition to Illinois and did not err by finding and concluding that sufficient evidence existed to support issuing a permanent order of protection in favor of J.W. Judge Terry Crone concurs in a separate opinion, arguing Weigel’s identity should not be hidden from the public.

Brandon Dothager v. M.N. (mem. dec.)
20A-PO-608
Protective order. Affirms the issuance of an order of protection against Brandon Dothager and in favor of M.N. Finds sufficient evidence to support the conviction in Lake Superior Court.

Kaennetra Scisney v. State of Indiana (mem. dec.)
20A-CR-378
Criminal. Affirms Kaennetra Scisney’s conviction in Marion Superior Court of Level 6 felony domestic battery against a person less than fourteen years of age. Finds sufficient evidence that Scisney committed Level 6 felony domestic battery against a person under 14. Finds the COA is unable to consider her arguments regarding parental privilege because an affirmative defense cannot be raised for the first time on appeal.

Angela Christine Garrett v. State of Indiana (mem. dec.)
19A-PC-2444
Post conviction. Affirms the denial of Angela Garrett’s petition for post-conviction relief in Hendricks Superior Court. Finds the post-conviction court did not err in denying Garrett’s claim of ineffective assistance of appellate counsel.

Fredrick Lee Ford, Jr. v. State of Indiana (mem. dec.)
19A-CR-2588
Criminal. Affirms Fredrick Lee Ford, Jr.’s murder conviction. Finds that although the Marion Superior Court erred in admitting the portions of Ford’s interview that occurred after Ford invoked his right to remain silent by saying “I’m done” and using hand gestures, such error was harmless because overwhelming independent evidence supported the jury’s guilty verdict. Remands the case for correction of the sentencing order to indicate Ford is not required to pay a supplemental public defender fee.

In the Matter of S.G-A., (Minor Child), Child in Need of Services, and L.A-V. (Mother) v. The Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
20A-JC-1084
Juvenile CHINS. Affirms the Marion Superior Juvenile Court’s conclusion that L.A-V’s child, S.G-A., is a child in need of services.

John L. Pratchard v. State of Indiana (mem. dec.)
20A-CR-1174
Criminal. Affirms revocation of John Pratchard’s probation and termination from Southeastern Indiana Veterans Treatment Court. Finds Dearborn Superior Court did not abuse its discretion in revoking Pratchard’s probation and ordering him to serve a portion of his previously suspended sentence.

Larry Lee Scott v. State of Indiana (mem. dec.)
20A-CR-536
Criminal. Affirms in part, reverses in part Larry Scott’s 12-year sentence for conviction in Bartholomew Superior Court of Level 4 felony child molesting. Remands to the trial court to impose a sentence of eight years in the DOC.

Charles J. Norton v. State of Indiana (mem. dec.)
20A-CR-857
Criminal. Affirms the revocation of Chalres Norton’s direct placement in community corrections work release. Finds Norton has not demonstrated the Vigo Superior Court abused its discretion in admitting the results of Norton’s drug tests, and the state’s evidence was sufficient to support the trial court’s revocation of Norton’s direct placement in community corrections.

Braidan Coy v. State of Indiana (mem. dec.)
20A-CR-358
Criminal. Affirms Braidan Coy’s conviction in Floyd Superior Court of Level 1 felony attempted murder. Finds that because Coy has failed to provide a record from which the court can adequately address these claims, they are waived.

S.F. v. Review Board of the Indiana Department of Workforce Development; Federal Express Corporation (mem. dec.)
20A-EX-996
Agency. Reverses and remands the Review Board of the Indiana Department of Workforce Development’s decision affirming the decision of the Administrative Law Judge that S.F. was discharged for just cause and therefore not entitled to unemployment benefits. Finds the record lacks substantial evidence that S.F. was discharged for just cause.

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