Indiana Court of Appeals
Shelly Bailey v. Lance Bailey
Domestic relation. Reverses trial court’s modification of physical custody of the two children. Finds the Parallel Parenting Time Order did not enable the court to modify the children’s custody to joint custody especially since neither parent petitioned for a change in custody. Judge John Baker dissented, writing that, as instructed by the Parallel Parenting Time Order, the trial court was trying to act in the best interest of the children and to prevent any further destructive behavior by the parents.
In the Matter of the Adoption of B.C.H., a Minor
Adoption. Affirms trial court orders denying grandparents’ motion for relief from judgment and motion to correct error that aimed to set aside stepfather’s adoption of 6-year-old B.C.H. Despite having provided care almost exclusively during the child’s first two years, grandparents are not parties required to receive notice and consent to the adoption. Grandparents also had actual knowledge of the proceedings and did not object or attempt to intervene. In a concurring opinion, Judge Paul Mathias would have required stepfather to get grandparents’ consent, but found in this case grandparents cannot pursue a late challenge to the adoption.
Randy E. Black v. State of Indiana
Criminal. Affirms conviction of Class C felony forgery, holding that the trial court did not err by not ruling on Black’s pro se request for an early trial and that Black did not receive ineffective assistance of counsel. Black, who was serving a sentence in the Department of Correction on unrelated charges, was appointed a public defender at an initial hearing, at which time he told the court he wanted to “file for fast and speedy trial too.” Because a defender had been appointed, that decision was a matter of strategy allocated to defense counsel, and the record does not establish counsel’s assistance fell below an objective standard of reasonableness.
State of Indiana, Indiana Bureau of Motor Vehicles, and Kent Schroder as Commissioner of Motor Vehicles v. Matthew E. Patty (NFP)
Miscellaneous. Reverses order granting Patty’s petition for issuance of a probationary driver’s license. Finds the Indiana Bureau of Motor Vehicles did notify Patty of his habitual traffic violator status and suspension. Also concludes Patty is ineligible for a probationary license because his license was already suspended for a previous judgment when he was arrested for operating while intoxicated in Hendricks County.
Desmond E. Lewis v. State of Indiana (NFP)
Criminal. Affirms conviction of operating a vehicle while intoxicated in a manner that endangers a person, a Class A misdemeanor.
Corey Bates v. State of Indiana (NFP)
Criminal. Affirms conviction for Class C felony forgery.
Conway Jefferson v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and the Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.