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T.D. v. State of Indiana
23S-JV-110
Juvenile. Reverses T.D.’s delinquency adjudication. Finds the Lake Superior Court’s failure to comply with the juvenile-waiver statute before accepting a juvenile’s delinquency admission did not render the judgment void, so the juvenile is not entitled to relief under Trial Rule 60(B)(6). Also finds the juvenile is entitled to relief under Trial Rule 60(B)(8) because he demonstrated that the court failed to comply with the juvenile-waiver statute before accepting his admission, and the state did not present any evidence establishing that his waiver was nevertheless valid under the statute. Remands with instructions to hold a hearing during which T.D. either admits to the allegations raised in the delinquency petition after the court complies with the juvenile-waiver statute or proceeds to factfinding.
Court of Appeals of Indiana
Loren Wayne Tidwell v. State of Indiana (mem. dec.)
23A-PC-55
Post-conviction relief. Affirms the denial of Loren Tidwell’s petition for post-conviction relief. Finds Tidwell’s right to due process was not infringed in the underlying post-conviction proceedings. Also finds Tidwell has not demonstrated that the post-conviction court’s conclusion that trial counsel rendered effective assistance was clearly erroneous. Finally, finds PCR counsel’s performance did not deprive Tidwell of a procedurally fair proceeding.
Tamarius Teontez Jennings v. State of Indiana (mem. dec.)
23A-CR-94
Criminal. Affirms Tamarius Teontez Jennings’ convictions of several offenses related to driving and guns and the finding that he is a habitual offender. Finds the Madison Circuit Court did not commit fundamental error in the admission of evidence.
Michael Jay McCune v. State of Indiana (mem. dec.)
23A-CR-135
Criminal. Affirms Michael Jay McCune’s conviction of Level 3 felony aggravated battery. Finds the Madison Circuit Court acted well within its discretion when it denied McCune’s request for standby counsel. Also finds the trial court did not abuse its discretion when it excluded evidence that McCune wanted to introduce in an attempt to establish the victim’s violent character.
In the Matter of the Civil Commitment of: M.B. v. Richard L. Roudebush Veterans Affairs Medical Center (mem. dec.)
23A-MH-215
Mental health. Reverses the denial of M.B.’s request to terminate his involuntary commitment to the Richard L. Roudebush Veterans Affairs Medical Center. Finds clear and convincing evidence was not presented showing that, as a result of M.B.’s impairment, he could not function independently or that he was unable to provide for his food, clothing, shelter or other essential human needs. Judge Peter Foley dissents with separate opinion.
Cynthia Zimla v. Joseph Mercer (mem. dec.)
23A-DC-363
Domestic relations with children. Affirms the denial of mother Cynthia Zimla’s request to relocate to Georgia with her then-6-year-old daughter E.M. Finds the Hamilton Circuit Court did not clearly err.
Jason Doolittle v. State of Indiana (mem. dec.)
23A-CR-524
Criminal. Affirms Jason Doolittle’s conviction of Level 4 felony child molesting. Finds A.D.’s testimony regarding the important facts regarding Doolittle’s molestation was consistent and straightforward, so Doolittle cannot avail himself of the incredible-dubiosity rule.
Omar Greg Lewis v. State of Indiana (mem. dec.)
23A-CR-1055
Criminal. Affirms Omar Greg Lewis’ conviction of Level 6 felony sexual battery. Finds the evidence was sufficient to support Lewis’ conviction.
J.R. v. State of Indiana (mem. dec.)
23A-JV-1150
Juvenile. Affirms the adjudication of J.R. as a delinquent for an act of Level 6 felony intimidation. Finds the state proved beyond a reasonable doubt that J.R. committed an act of Level 6 felony intimidation.
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