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Opinions January 21, 2022 – The Indiana Advocate

Indiana Court of Appeals
Joy Adebola Adewopo vs. Cheedy Thomas Jaja (Mem. Dec.)
Family relationships with children. Confirms the division of martial property arising from the dissolution of the marriage of Joy Adebola Adewopo and Cheedy Thomas Jaja. Finds that the Hendricks Superior Court did not abuse its discretion by including certain items in the marital pot, including a house, Adewopo’s ownership interest in his inherited properties in Africa, and Jaja’s student loans . Also finds that the court of first instance did not err in dividing the martial domain equally between the parties.

Nathan J. Pittman v. State of Indiana (dec. memorial)
Criminal. Upholds the dismissal of Nathan Pittman’s motion to dismiss a charge of child exploitation. Finds that reasonable jurors could potentially infer from the evidence alleged in the probable cause affidavit that Pittman acted with the requisite intent, that is to say, intent to satisfy or arouse the sexual desires of himself or another individual when recording images of his stepdaughter. Also finds Indiana Code § 35-42-4-4 not unconstitutionally vague.

Justin A. Tyson v. State of Indiana (dec. memorial)
Criminal. Affirms Justin Tyson’s convictions for felony level 5 possession of a narcotic, felony level 5 possession of methamphetamine, felony level 6 possession of a controlled substance, and misdemeanor class A carrying a handgun without a license. Finds the impoundment of Tyson’s rental vehicle was appropriate. Also finds that the Tippecanoe Superior Court correctly admitted evidence found during an inventory search of the vehicle.

Robert Cook v. State of Indiana (dec. memorial)
Criminal. Upholds Robert Cook’s sentence at a total of 31½ years, with a 1½ year suspended sentence for his convictions of two counts of Level 4 felony driving a vehicle causing death with a Schedule controlled substance I or II in blood, one level 5 felony count of trafficking in a narcotic and two level 6 counts of possession of methamphetamine. Finds that the Blackford Circuit Court did not err in imposing consecutive sentences which together exceed the legal maximum set by Indiana Code § 35-50-1-2. Also finds Cook’s sentence not inappropriate given the nature of his character and offense. Finally, finds that Cook’s assertion that he was remorseful is insufficient to establish that the trial court abused its discretion by failing to consider his remorse as a mitigating circumstance.

Amy Louise Davis v. State of Indiana (dec. memorial)
Criminal. Confirms the revocation of Amy Louise Davis’ probation and the imposition of the balance of her suspended sentence. Finds that the Cass Superior Court did not err in ordering Davis to serve the remainder of his conditional sentence in the Department of Correction.