Opinions Sept. 12, 2014

September 12, 2014

Indiana Court of Appeals
In re the Marriage of Tina M. Harpenau v. Robin P. Harpenau
Domestic relation.  Affirms grant of father’s petition to modify, awarding him primary physical custody of the children and granting mother the same parenting time as father originally had, as well as that mother pay child support. The trial court did not abuse its discretion in modifying custody due to her proposed move or in modifying child support accordingly.

In Re: The Marriage of Ann (Sutton) Baker v. Milo Sutton
Domestic relation. Affirms order modifying custody and granting primary physical and legal custody of child to father. The court’s decision to modify custody based on it being in the child’s best interest is not clearly erroneous.

Anthony P. Sharp, Jr. v. State of Indiana
Criminal. Affirms Sharp’s conviction for felony murder as the application of the felony-murder statute to the facts of this case is proper under existing precedent. Reverses sentence and remands with instructions to modify it to 55 years, with 45 years executed and 10 years suspended to probation.

Blake Layman v. State of Indiana; Levi Sparks v. State of Indiana
Criminal. Affirms convictions of felony murder and remands with instructions to issue an amended sentencing order consistent with this opinion. Ten years of Layman’s sentence should be suspended to probation and five years of Sparks’ sentence should be suspended to probation. The defendants forfeited appellate review of their constitutional claims because they failed to raise them at trial. The felony murder statute was properly applied in this case. Judge May concurs in result in a separate opinion, and Judge Kirsch dissents with separate opinion.

Gregory Davis v. State of Indiana (NFP)
Criminal.  Affirms conviction of Class D felony criminal recklessness.

Eric D. Smith v. Keith Butts (NFP)
Miscellaneous. Dismisses appeal of denial of Smith’s motion for relief from judgment and petition for reading of decision.

Veronica E. Perry v. State of Indiana (NFP)
Criminal.  Affirms conviction of Class D felony theft and sentence of 910 days in the Indiana Department of Correction.

Albert J. Lane v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony arson.

Philip H. Chamberlain v. State of Indiana (NFP)
Criminal. Vacates denial of verified petition to expunge arrest record as the court’s order is void for lack of personal jurisdiction.

In the Matter of the Termination of the Parent-Child Relationship of: L.M. and Z.W. (Minor Children) and A.M. (Mother) v. The Indiana Department of Child Services (NFP)

Juvenile. Affirms termination of parental rights.

Clark A. Klemme v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class D felony theft.

Bernard Ford v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony criminal recklessness.

Lee Tibbetts v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Stacy Knighten v. East Chicago Housing Authority Individually and d/b/a West Calumet Complex, Davis Security Service, LLC, and Donnell Caldwell (NFP)
Civil tort. Affirms summary judgment in favor of East Chicago Housing Authority and Davis Security Service in Knighten’s action to recover damages for injuries she suffered after an incident at an ECHA property.

Joseph Brett Mayer v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

In re the Paternity of: S.L. b/n/f R.H.B. v. T.L. (NFP)
Juvenile. Affirms denial of petition to change the surname of the biological child.

Nikki Russell v. State of Indiana (NFP)
Criminal. Affirms 10-year aggregate sentence following guilty plea to five counts of Class C felony neglect of a dependant and two counts of Class C felony criminal confinement. Remands with instructions for the court to clarify its sentencing order.