Jordyn L. Maddox n/k/a Garbison v. State of Indiana

FILED Aug 07 2023, 9:01 am

CLERK Indiana Supreme Court Court of Appeals and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Janet Lynn Thompson Theodore E. Rokita Hoover Hull Turner LLP Indiana Attorney General Indianapolis, Indiana Megan M. Smith Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Jordyn L. Maddox, August 7, 2023 Appellant-Defendant, Court of Appeals Case No. 23A-CR-327 v. Appeal from the Pulaski Superior Court State of Indiana, The Honorable Crystal A. Kocher, Appellee-Plaintiff Judge Trial Court Cause No. 66D01-2112-F6-147

Opinion by Judge Crone Judge Brown and Senior Judge Robb concur.

Crone, Judge. [1] A jury found Jordyn L. Maddox guilty of possessing methamphetamine, a

controlled substance, and paraphernalia. On appeal, she challenges the

constitutionality of the search of her residence and the admissibility of the

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incriminating evidence seized. At trial, she stated that she had “[n]o objections”

to the admission of the evidence. Tr. Vol. 2 at 127. Our supreme court has

stated that “we will not review claims, even for fundamental error, when

appellants expressly declare at trial that they have no objection.” Taylor v. State,

86 N.E.3d 157, 161 (Ind. 2017) (citing Halliburton v. State, 1 N.E.3d 670, 678-79

(Ind. 2013)), cert. denied (2018). Accordingly, we will not review Maddox’s

claims of error and fundamental error, and we affirm her convictions. 1 [2] Affirmed.

Brown, J., and Robb, Sr.J., concur.

1 In her reply brief, Maddox urges us to consider her fundamental error claim, citing cases from this Court that were decided before Taylor and Halliburton. “As Indiana’s intermediate appellate court, we are bound by Indiana Supreme Court precedent and are not at liberty to ‘reconsider’ that precedent.” Hill v. State, 122 N.E.3d 979, 982 (Ind. Ct. App. 2019) (quoting Minor v. State, 36 N.E.3d 1065, 1074 (Ind. Ct. App. 2015), trans. denied), trans. denied.

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