Opinions Nov. 3, 2023

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Court of Appeals of Indiana
Dustin J. McKee v. State of Indiana (mem. dec.)
23A-CR-549
Criminal. Affirms Dustin McKee’s conviction for murder and aggregate 83-year sentence in the Elkhart Circuit Court. Finds any instructional error was invited. Also finds the evidence is sufficient to rebut McKee’s claim of self-defense and to negate sudden heat. Finally, finds his aggregate sentence is not inappropriate.

Felicia A. Nelson v. State of Indiana (mem. dec.)
23A-CR-312
Criminal. Affirms Felicia Nelson’s conviction for Level 5 felony assisting a criminal. Finds sufficient evidence in the Lake Superior Court to support the conviction.

In the Matter of the Paternity of R.L.S.; Palmer Smith, III v. Tawnee Trusty (mem. dec.)
23A-JP-454
Juvenile paternity. Affirms an order establishing Palmer Smith III’s paternity of R.S. and the granting of joint legal and shared physical custody with Tawnee Trusty. Finds the Grant Superior Court was not required to adopt the recommendation of the guardian ad litem and award primary physical custody to Smith. Also finds the trial court didn’t abuse its discretion by concluding that it was in the daughter’s best interests for the father and mother to share physical custody.

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