Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Diane Werner v. Gregory Werner
Domestic relation. Affirms order finding it would be in the children’s best interest for their father to be their primary physical custodian and awarding mother parenting time. Diane Werner waived her argument that the court used the wrong standard in determining whether to modify custody because she didn’t object at the custody hearing. The trial court’s findings are sufficient to support its judgment under the “best interests” standard. Judge Kirsch dissents.
Larry T. Bass v. State of Indiana
Criminal. Affirms convictions of and aggregate sentence of seven years with two years suspended for Class C felony child molesting and Class C felony attempted child molesting. Touching a child’s breasts or genitals isn’t required to sustain a child molesting conviction under I.C. Section 35-42-4-3(b). The trial court didn’t err by denying Bass’ motion for a directed verdict and he waived his claim of prosecutorial misconduct. There is no fundamental error on that issue.
Gloria Benefield v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief. Her trial counsel’s decision not to object to the testimony regarding Benefield’s knowledge as to whether she was a certified qualified medication aide or to Jury Instruction 6 on the definition of “defraud” wasn't ineffective assistance of trial counsel. Benefield fails to carry her burden to establish that her attorney’s failure to object to the jury instruction created prejudice sufficient to that required for a finding of ineffective assistance of trial counsel.
Warren Parks v. State of Indiana (NFP)
Criminal. Affirms trial court did not abuse its discretion by denying Parks’ request to withdraw his guilty plea after he was sentenced for Class A misdemeanor check deception.
Judith Silverman and Morris Silverman v. Arden Johnson, et al. (NFP)
Civil plenary. Affirms judgment in favor of Johnson, Southern Companies Inc. and Southern Pediatrics LLC on the Silvermans’ complaint alleging, among other things, fraud, securities violations, theft, conspiracy, and breach of fiduciary duty.
Leonard J. Laraway v. Cathy A. (Laraway) Fisher (NFP)
Domestic relation. Vacates trial court order that found Leonard Laraway in arrears for child support and college expenses pursuant to a dissolution settlement agreement and in contempt for failure to make such payments. Remands with instructions to provide more specific findings on this issue or base the determination regarding Laraway’s salary and child support obligation on a signed and verified child support obligation worksheet.
Dennis Meadows v. State of Indiana (NFP)
Criminal. Affirms conviction of two counts of Class B felony burglary and one count of Class C felony burglary.
Paternity of T.B.; C.B. v. C.K. (NFP)
Juvenile. Affirms order which increased father C.K.’s parenting time with T.B. on a set schedule without imposing any restrictions on that parenting time.
Otis Chandler v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.