Opinions Oct. 23, 2020

Indiana Court of Appeals
Shalee C. Dowell v. State of Indiana
19A-CR-2623
Criminal. Reverses Shalee Dowell’s conviction of Level 6 felony maintaining a common nuisance and remands to the Perry Circuit Court to vacate the conviction and sentence, reducing her aggregate meth-dealing-related sentence from 23 to 21½ years in prison. The evidence was insufficient to support the conviction because the state lacked proof that the vehicle Dowell used in the underlying crime was used in more than one drug transaction.

Darnell R. Brock v. State of Indiana (mem. dec.)
20A-CR-276
Criminal. Affirms Darnell Brock’s 46-year sentence on multiple drug and weapons charges to which he pleaded guilty as charged without a plea agreement. Finds Brock has failed to show the sentence was inappropriate and any error in the Marion Superior Court identifying aggravating factors was harmless.

Diamond Z. Wittlief v. Tom Franklin Hirschauer, III (mem. dec.)
19A-DC-2647
Domestic relations with children. Affirms the Hamilton Superior Court’s order relating to the parties’ requests for child support, extracurricular activities and uninsured medical expenses. Remands with instructions for the court to (1) reconsider whether father should be given an income credit for child’s tuition costs and make findings on the issue as directed and (2) reconsider its modification of the extracurricular activities provision of the parties’ mediated settlement agreement and make findings regarding child’s best interests as related to extracurricular activities.

Ibn Bahadar Mujaahid v. State of Indiana (mem. dec.)
20A-CR-406
Criminal. Affirms the Madison Circuit Court order revoking Ibn Bahadar Mujaahid’s probation, finding no abuse of discretion.

Edvin G. Delcid v. State of Indiana (mem. dec.)
20A-CR-586
Criminal. Affirms Edvin Delcid’s conviction of Level 4 felony child molesting, finding the Allen Superior Court did not commit reversible error in granting a motion in limine preventing Delcid from discussing the burden of proof in civil matters.

Leonard Booker v. State of Indiana (mem. dec.)
19A-CR-2817
Criminal. Affirms Leonard Booker’s conviction in Marion Superior Court of Level 2 felony voluntary manslaughter. Finds any error in the admission of his statement to an officer during which he confessed to shooting his stepson David Starks was harmless because it was cumulative of Booker’s later confession and other evidence.

Dawn Iseminger and Scott Iseminger v. Monique Johnson (mem. dec.)
20A-SC-659
Small claims. Affirms the denial of the Isemingers’ motion to correct error in Porter Superior Court, which awarded Monique Johnson $1,106.70 in a dispute over the return of a security deposit when she vacated her apartment. Finds the trial court did not abuse its discretion.

Dakota G. Aikins v. State of Indiana (mem. dec.)
20A-CR-782
Criminal. Affirms Dakota Aikins’ conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds evidence was sufficient to support the conviction and the DeKalb Superior Court did not abuse its discretion by admitting evidence of previous instances when Aikins possessed a handgun.

Justin Walker v. State of Indiana (mem. dec.)
20A-CR-803
Criminal. Affirms the Jackson Circuit Court’s revocation of Justin Walker’s probation and the order that he serve his previously-suspended sentence, finding no abuse of discretion.

Jeremiah Lamar Ware v. State of Indiana (mem. dec.)
20A-CR-1133
Criminal. Affirms Jeremiah Ware’s conviction of Level 1 felony attempted murder. Finds sufficient evidence was presented in St. Joseph Superior Court that Ware fired a gun and that he acted with requisite intent to kill.

Company v. C.R., et al. (mem. dec.)
20A-EX-1126
Agency. Affirms the Review Board of the Indiana Department of Workforce Development’s determination that legal assistant C.R. was entitled to unemployment benefits. Finds the ruling was not contrary to law.