Opinions March 16, 2015

March 16, 2015

Indiana Court of Appeals
Redevelopment Commission of the Town of Munster, Indiana v. Indiana State Board of Accounts and Paul D. Joyce, State Examiner of State Board of Accounts
Civil plenary. Affirms summary judgment in favor of the state Board of Accounts. Holds the commission had standing to bring its declaratory judgment and the trial court did not err in determining that Indiana statute does not permit the use of TIF funds for the continued maintenance of completed redevelopment projects.

In the Matter of the Termination of the Parent-Child Relationship of: D.P. and D.P.E. and J.P. (Mother) v. Ind. Dept. of Child Services
Juvenile. Reverses order granting the DCS’ petition to terminate mother’s parental rights. The trial court deprived her of due process of law when, in her absence and without representation of counsel, it converted the nature of the proceedings and then terminated her parental rights.

Johnnie M. Trout Jr. v. State of Indiana
Miscellaneous. Reverses denial of Trout’s petition to expunge his record of Class D felony convictions for criminal recklessness with a deadly weapon and pointing a firearm. Neither of the felonies he was convicted of included bodily injury to another person, therefore, these convictions do not disqualify him from mandatory expungement according to I.C. 35-38-9-3(b)(3).

In the Matter of the Adoption of B.R. (Minor Child) R.R. v. D.S. and V.S. (mem. dec.)
Adoption. Affirms grandmother’s petition to adopt B.R.

Dennis Bretzlaff v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor possession of a cellular telephone while incarcerated in a penal facility.