Court opinions

Indiana Court of Appeals
Richard Allen Byrd v. State of Indiana (mem. dec.)
21A-CR-637
Criminal. Affirms the Howard Circuit Court’s sentencing of Richard Allen Byrd to an aggregate of five years, with three years suspended to supervised probation, for his convictions of Level 6 felony sexual battery. Finds Byrd’s guilty plea isn’t substantially mitigating as he gained a benefit by having Level 4 felony child molesting charges exchanged for Level 6 felony battery convictions. Also finds the executed portion of his sentencing appropriate.

Indiana Court of Appeals 

In re the Termination of the Parent-Child Relationship of Ad.W., An.W., I.W., and M.W., and M.G. (Mother) and D.W. (Father), M.G. (Mother) and D.W. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-691
Juvenile termination of parental rights. Affirms the termination of mother M.G. and Father D.W.’s parental rights to their four children. Finds the Lake Superior Court did not err when it concluded there is a reasonable probability that the conditions resulting in the children’s removal will not be remedied, or that termination is in the children’s best interests.

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of I.L., O.L., V.N., and M.P.N. (Minor Children) and S.T. (Mother) v. Indiana Department of Child Services
21A-JT-418
Juvenile termination of parental rights. Affirms the denial of mother S.T.’s parental rights following a remote final hearing. Finds the minor technological and logistical issues that arose during the hearing were quickly addressed by the court and do not amount to a due process violation. Also finds the evidence was sufficient to terminate S.T.’s parental rights.

Indiana Court of Appeals
Mark Anthony Fuller v. State of Indiana (mem. dec.)
21A-CR-597
Criminal. Affirms the order for Mark Fuller to execute a portion of his previously suspended sentence and that his probation be extended as a result of a probation violation. Finds the Dearborn Superior Court didn’t abuse its discretion in imposing sanctions.

Indiana Court of Appeals
Landis Reynolds v. State of Indiana (mem. dec.)
20A-PC-2374
Post-conviction. Affirms the Howard Superior Court’s denial of a petition for post-conviction relief for convicted murderer Landis Reynolds. Finds Reynolds has not shown that he was prejudiced by his counsel’s failure to investigate Jonathan Clark and Timothy Spencer. Also finds Reynolds has not shown that the defense of abandonment was a viable one, and his counsel adequately presented as a defense that Jonathon Heath had actually committed the crime. Finally, finds Reynolds has not demonstrated that the outcome of his trial would have been different had his counsel objected to Cpt. Michael Wheeler’s testimony that cellphone records are unreliable.

Indiana Court of Appeals
Chris Lawrence Rochefort v. State of Indiana
21A-CR-770
Criminal. Affirms Chris Rochefort’s conviction for Level 6 felony failure to return to lawful detention. Finds the Lake Superior Court did not abuse its discretion when it denied Rochefort’s motion for a mistrial or when it rejected his proffered instruction on the defense of necessity.

Indiana Court of Appeals
Phillip Beachey v. State of Indiana
20A-CR-2121
Criminal. Vacates and remands the Elkhart Superior Court’s order denying modification to Phillip Beachey’s bond. Finds the trial court abused its discretion in not conducting a pretrial risk assessment report pursuant to Indiana Criminal Rule 26 and Indiana Code § 35-33-8-3.8.