Opinions Feb. 19, 2015

February 19, 2015

Indiana Court of Appeals
In re the Paternity of Snyder, M.S. v. D.A.
Juvenile. Affirms in part, reverses in part and remands. The trial court erred when it denied father M.S.'s motion to permit him to tell his daughter that he is her father. Because a finding of physical endangerment or emotional impairment was not made prior to imposing the restriction, the trial court erred in denying father's request, and that portion of the trial court's orders is reversed. Affirms trial court ruling on modification of parenting time order, holding that father has not demonstrated there was a change in circumstances to warrant a change in the parenting time that now permits him to talk with his daughter once weekly in 15-minute supervised Skype sessions.

Natasha R. Hill v. State of Indiana
Criminal. Reverses and remands Hill’s dual convictions of theft, as Class D felonies, and restitution order for $2,526.83. Finds the convictions violate single larceny rule because they resulted from the same incident. Also rules the order of restitution was improper because it was based on uncharged acts and not on evidence of actual loss.

Walnut Creek Nursery, Inc., d/b/a Alsip Home & Nursery v. Barbara Banske
Civil Tort. Affirms admission of naprapath’s testimony at trial. In a case of first impression, the COA found because the naprapath’s treatment of Branske’s injuries was sufficiently connected to her accident, the naprapath, although not licensed in Indiana, could testify about the difference in Banske’s health after her slip and fall. The court saved for another day the resolution of the limitations on the naprapath’s testimony.  

Malcom Cobb, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Cobb’s convictions of murder, a felony; and robbery, a Class B felony. Finds the state presented sufficient evidence for the murder conviction.

Eddie Long v. State of Indiana (mem. dec.)
Criminal. Affirms Long’s conviction of invasion of privacy, a Class A misdemeanor.

Forrest Brown v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for 18 months executed and 54 months suspended to probation following Brown’s conviction for nonsupport of a dependent child, a Class C felony.

Gregory Schweisthal v. State of Indiana (mem. dec.)
Criminal. Affirms convictions and 64-month sentence for Class D felony invasion of privacy and Class A misdemeanor domestic battery.

Alandus D. James v. State of Indiana (mem. dec.)
Criminal. Affirms 30-month sentence for Class D felony residential entry and two consecutive 18-months sentences for Class D felony battery on a child and Class D felony strangulation.

Herbert Sheese v. State of Indiana (mem. dec.)
Criminal. Affirms Sheese’s convictions of two counts of Class A felony child molesting and consecutive sentences of 30 and 45 years on each count, resulting in an aggregate executed sentence of 75 years.

Larry Anderson v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of murder. Despite inconsistencies in witnesses’ testimony, finds the evidence is sufficient to support Anderson’s conviction since three individuals did independently identify him as the person who shot the victim.