Opinions Oct. 30, 2019

Indiana Court of Appeals
Kathy Salyer v. Washington Regular Baptist Church Cemetery, and Kristy Sams
19A-PL-243
Civil plenary. Affirms the Ripley Circuit Court’s order awarding Kathy Salyer an open gravesite at the Washington Regular Baptist Church Cemetery after the cemetery resold the gravesite she had purchased and another individual was buried there. Finds the trial court did not abuse its discretion in fashioning a remedy that required the cemetery to “correct” its mistake by giving Salyer an open, adjacent burial site free of charge. Judge James Kirsch dissents with separate opinion.

State of Indiana v. Tyree L Harper
18A-CR-02811
Criminal. Reverses the Marion Superior Court’s grant of Tyree Harper’s motion to suppress. Finds the trial court erred in granting the motion and remands for further proceedings. Affirms the trial court’s denial of Harper’s motion to discharge, finding it was properly denied in accordance with Criminal Rule 4(C).

Kayla N Hudson v. State of Indiana
19A-CR-01088
Criminal. Affirms Kayla Hudson’s aggregate 40-year sentence for her conviction of Level 1 felony neglect of a dependent causing death and Level 3 felony neglect of a dependent resulting in serious bodily injury. Finds the Madison Circuit Court did not abuse its discretion in sentencing Hudson and that her sentence is not inappropriate.

Roy Clifford Bebout v. State of Indiana (mem. dec.)
19A-CR-1052
Criminal. Affirms Roy Bebout’s conviction of Level 3 felony attempted rape; Level 3 felony criminal confinement; Level 3 felony kidnapping; two counts of Level 5 felony criminal confinement; and Level 6 felony strangulation. Finds the Vanderburgh Circuit Court did not err when it denied Bebout’s request to represent himself, that his request was untimely and properly denied.

Michael James Begin, Jr. v. State of Indiana (mem. dec.)
19A-CR-1185
Criminal. Affirms Michael Begin Jr.’s aggregate 120-year sentence for conviction of 20 counts of Level 4 felony child molesting. Finds his sentence is not inappropriate in light of the nature of the offenses and his character.

In Re: the Termination of the Parent-Child Relationship of: S.J. Sy.J., Sy’B.J., (minor children); L.J. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-755
Juvenile termination. Affirms the termination of L.J.’s parent-child relationships with her children S.J., Sy.J., and Sy’B.J. Finds L.J. waived her right to challenge the untimeliness of the factfinding hearing. Also finds sufficient evidence to support the termination of the parent-child relationships.

Joshua Haas v. State of Indiana (mem. dec.)
19A-CR-1275
Criminal. Affirms the revocation of Joshua Hass’ probation and order that he serve the balance of his previously suspended sentence. Finds no abuse of discretion.

James Andrew Freeman v. State of Indiana (mem. dec.)
19A-CR-1065
Criminal. Affirms James Freeman’s 35-year sentence for his conviction of Level 1 felony attempted child molesting and Level 4 felony child molesting. Finds his sentence is not inappropriate in light of the nature of the offenses and his character.

Stephen Murphy v. Suzanne Murphy (mem. dec.)
19A-DR-261
Domestic relation. Affirms the Vanderburgh Superior Court’s denial of Stephen Murphy’s motion to modify parenting time. Finds no abuse of the trial court’s discretion. Remands on the finding that there is no final custody order in the record, with instructions to enter one.

G.W. v. State of Indiana (mem. dec.)
19A-JV-1254
Juvenile. Affirms G.W.’s adjudication for committing what would be Class C misdemeanor public nudity if committed by an adult. Finds sufficient evidence to support the adjudication. Finds the Monroe Circuit Court did not abuse its discretion in ordering G.W. to serve nine months of probation and participate in various services.

Dereck E. Worthington v. State of Indiana (mem. dec.)
19A-CR-1357
Criminal. Affirms Dereck Worthington’s 25-year sentence for conviction of Level 2 felony robbery. Finds the sentence is not inappropriate in light of the nature of the offense and his character.

In the Matter of the Termination of the Parent-Child Relationship of B.J.G., Mother, and B.G., Minor Child, B.J.G. v. Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
19A-JT-976
Juvenile termination. Affirms the involuntarily termination of B.J.G.’s parental rights to her child, B.G. Finds the termination was not clearly erroneous and that there is a reasonable probability that B.J.G. will not remedy the conditions resulting in the child’s removal.

In the Matter of the Adoption of A.K.G., P.S. v. J.M. (mem. dec.)
19A-AD-990
Adoption. Dismisses P.S.’s appeal of the St. Joseph Probate Court’s denial of his motion to contest the adoption petition filed by stepfather J.M. Finds the court is without jurisdiction to consider the appeal, which is neither a final judgement nor an appealable interlocutory order.

Marcus Noy v. State of Indiana (mem. dec.)
19A-CR-820
Criminal. Affirms Marcus Noy’s sentence for conviction of Level 2 felony dealing in cocaine, Level 3 felony possession of a narcotic drug, and Level 3 felony possession of cocaine. Finds the Howard Superior Court did not abuse its discretion in denying trial counsel’s motion to withdraw. Finds conflict between the trial court’s oral sentencing statement and the written sentencing statement, and thus remands with instructions for the trial court to clarify the sentence that it intended to impose.

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