Opinions November 23, 2022 – The Indiana Lawyer

Indiana Court of Appeals
LW vs. Indiana State
youthful. Reverses the denial of LWs. Request for suppression of all evidence obtained in connection with a blood draw. notes that LW has not received protection under Indiana Code ยง 31-32-5-1. Also notes that without valid consent or urgent circumstances, the state’s illegal drawing of LW’s blood violated her Fourth Amendment rights. Pre-trial detention with instructions to grant LW’s request for suppression.

Angelito Mercado vs. Indiana State
Criminal. Reaffirms the rejection of Angelito Mercado’s request for suppression. Notes that Article 1, Section 11 of the Indiana Hoosiers Constitution provides greater protection than the Fourth Amendment below Helen vs North Carolina, Mercado cannot prove any violation of its rights when initiating the relevant traffic stop. Also notes that Mercado is unable to prove any reversible error in the alleged omissions and misstatements in the official’s affidavit of probable cause. Chief Judge Cale Bradford agrees on the result of a special opinion.

Luis Angel Benitez vs. Indiana State
Criminal. Confirms the termination of Luis Angel Benitez’s participation in a drug court program and an order from the Dubois Superior Court that he serve his previously suspended sentence in the Correctional Authority. Notes that the trial court did not abuse its discretion in terminating Benitez’s participation. Also finds review and revision under Indiana Appellate Rule 7(B) not warranted.

Iman CL Gregory v Indiana State (mem. dec.)
Criminal. Confirms Iman CL Gregory’s conviction for murder and her sentence to a total of 73 years, of which 70 years executed and three years suspended. Notes that the Elkhart Circuit Court did not abuse its discretion in considering the testimony of Sgt. Daniel Mayer and Sgt. Ryan Huff regarding what Devon Harbor told them about the crime while they were still at the scene because Harbors statements were excited statements and the statement by the sergeants, which reproduced those statements, did not constitute an improper guarantee. Also notes that the state has presented sufficient evidence to disprove Gregory’s claims of self-defense. Finally states that Gregory’s judgment was not unreasonable given the nature of her offense or her character.

Bryan L. Jordan vs. Indiana State (Mem. Dec.)
After the conviction. Confirms denial of Bryan L. Jordan’s motion for post-conviction exoneration. Notes that the post-conviction court made no mistake in finding Jordan unable to show he was biased by attorney’s decision not to move to suppress the backpack, which Jordan at the site left behind after the arrest.

In terminating parent-child relationship by: PB (minor child) and RO (father) v Indiana Department of Child Services and Kids’ Voice of Indiana (mem. dec.)
Juvenile Termination of Parental Rights. Confirming the involuntary termination of father RO’s parental rights over his daughter, PB finds that the Marion Superior Court made no clear error in concluding that the conditions leading to PB’s removal and continued placement outside the home led, would not be remedied. Also notes that RO failed to establish that he was denied due process.

Marcos G. Ramirez v. Indiana State (mem. dec.)
Criminal. Confirm Marcos Ramirez’s Level 4 child molestation conviction. Find sufficient evidence to support Ramirez’s conviction.

Alvino S. Amaya v. Indiana State (Mem. Dec.)
Criminal. Confirms Alvino Amaya’s two murder convictions. Notes that Amaya has failed to show that the Lake Superior Court abused its discretion in allowing speech recognition testimonies.

Christopher Steven Pullin v Indiana State (mem. dec.)
Criminal. Confirms Christopher Pullin’s conviction of a Class A domestic battery misdemeanor. Find sufficient evidence to support Pullin’s beliefs. Judge Patricia Riley disagrees with dissenting opinion.

Jordan W. Dallie v. Indiana State (Mem. Dec.)
Criminal. Confirms Jordan Dallie’s 13-year cumulative sentence, which was served pursuant to a plea agreement on his triple burglary conviction. Notes that Dallie cannot appeal the illegality of the conviction because he has reaped the benefits of a plea agreement accepted by the Elkhart Superior Court.

Perry Nickell v Indiana State (mem. dec.)
Criminal. Dismisses Perry Nickell’s appeal against having her parole revoked. Notes that on appeal, Nickell is unable to advance her argument that the Marion Superior Court failed to establish a reasonable factual basis for admitting her probation violations. Pre-trial detention with instructions to the trial court to correct a clerk’s error in his verdict.