Opinions

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.

Indiana Supreme Court
Ryan Ramirez v. State of Indiana
20S-LW-430
Life without parole. Affirms Ryan Ramirez’s conviction of murdering 23-month-old P.H. and neglecting 3-year-old R.H., resulting in serious bodily injury, and his sentence to life without parole. Finds that the seizure of a surveillance system recorder did not violate the state or federal constitutions, and the Madison Circuit Court did not abuse its discretion by excluding evidence of Kayla Hudson’s prior bad acts, nor were Ramirez’s substantial rights affect. Also finds that the trial court was not required to find a legal lacuna to give a supplemental jury instruction, the wording of the instruction was not reversible error and Ramirez waived his argument about the way the instruction was given. Finally, finds the statutory LWOP factors were sufficiently supported, his sentence did not violate the Indiana Constitution and revision is not warranted under Indiana Appellate Rule 7(B).

Indiana Court of Appeals
Carlton Lee Wells v. State of Indiana
21A-CR-612
Criminal. Reverses Carlton Lee Wells’ conviction of Class A misdemeanor invasion of privacy. Finds the St. Joseph Superior Court committed fundamental error and violated Wells’ Sixth Amendment rights under the U.S. Constitution as well as his rights in the Indiana Constitution outlined in Article 1, Section 13 after omitting him from his jury trial due to failing pretrial drug testing. Remands with instructions to vacate Wells’ conviction.

Indiana Court of Appeals
Dustin R. Paul v. State of Indiana
21A-CR-166
Criminal. Affirms and reverses in part the the Howard Superior Court’s calculation and allocation of credit time for Dustin Paul in his three simultaneous causes. Finds the trial court erred with respect to credit time and remands for it to address those issues consistent with the COA’s opinion by focusing on the first sentence in his sequence of consecutive sentences. Otherwise fully affirms Paul’s sentencing orders.

Indiana Court of Appeals
Anthony Wilburn v. State of Indiana
20A-CR-1709
Criminal. Affirms and reverses in part the denial of Anthony Wilburn’s motion to exclude evidence and his conviction of Level 2 felony burglary. Finds the Huntington Circuit Court did not abuse its discretion when it admitted a sergeant’s testimony as skilled witness opinion testimony. Also finds sufficient evidence to identify Wilburn as the perpetrator of the robbery. Finally, finds insufficient evidence to sustain Wilburn’s conviction for burglary of a business open to the public during business hours. Remands for the trial court to enter judgment of conviction for Level 3 felony robbery and to resentence Wilburn accordingly.

Indiana Court of Appeals
Olympic Financial Group, Inc. v. State of Indiana
21A-CR-1017
Criminal. Reverses the Jasper Superior Court’s order granting Indiana’s motion to turn seized money over to the federal government in the amount of $709,880. Finds the state failed to prove that the cash was properly seized pursuant to Indiana Code Chapter 34-24-1 and to show it was entitled to a turnover order under Indiana Code § 35-33-5-5(j). Also finds the trial court erred by granting the motion. Remands with instructions that the state reimburse Olympic Financial Group. Judge Nancy Vaidik concurs in result with separate opinion.

Indiana Court of Appeals
I.G. v. State of Indiana
21A-JV-00479
Juvenile. Reverses the Marion Superior Court’s judgment that juvenile I.G. was a delinquent child for committing what would be Class A misdemeanor carrying a handgun without a license if committed by an adult. Finds that the odor of marijuana smelled by a police officer making a traffic stop of the vehicle, by itself, was not enough to establish probable cause to arrest I.G. for possessing marijuana. Finds the search of I.G. was not a valid search incident to arrest and the court erred in admitting the handgun into evidence.

Indiana Court of Appeals
Ryan Gordon Tracy v. State of Indiana (mem. dec.)
20A-CR-2052
Criminal. Affirms Ryan Tracy’s conviction of three counts of child molesting as a Level 1 felony and one count of child molesting as a Level 4 felony, and his aggregate 40-year sentence. Finds a nurse’s training and education qualified her as an expert with regard to sexual assault examinations, and the Shelby Superior Court didn’t abuse its discretion in allowing her expert testimony. Also finds Tracy’s sentence is not inappropriate.

Indiana Court of Appeals
Termination: W.S. v. Indiana Department of Child Services (mem. dec.)
21A-JT-00509
Juvenile termination. Affirm the termination of W.S.’s parental rights to his son, J.S. Finds Father’s incarceration was only one of the reasons for termination. Finds that termination was not clearly erroneous.