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Opinions June 4, 2015

June 4, 2015

Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of, M.W., (Minor Child) and, J.W., (Mother) v. The Ind. Dept. of Child Services
82A01-1410-JT-456
Juvenile. Affirms termination of parental rights. The trial court did not abuse its discretion in denying the mother’s motion for a continuance of the termination of the parental rights hearing.

Tom Bonnell v. Ruby A. Cotner, Douglas Wayne Cotner, Arthur J. Johnson, Jimmy J. Johnson, and Jerry L. Johnson
66A03-1410-PL-372
Civil plenary.  Reverses judgment in favor of Bonnell and remands with instructions to enter judgment for the Cotners and Johnsons on their claim for adverse possession over the disputed area. The trial court erred as a matter of law when it concluded that the Cotners’ and Johnsons’ vested title was “severed” by tax sales in 1993 and 2011.

Justin Brewer v. State of Indiana
82A05-1410-CR-458
Criminal. Reverses conviction of Class D felony auto theft for double jeopardy reasons as Brewer was convicted in Kentucky on a similar count involving the same theft of the car in Vanderburgh County, which was then driven into Kentucky. Affirms conviction of Class D felony resisting law enforcement as Brewer’s fleeing from Henderson, Kentucky, police was an offense wholly in Kentucky’s jurisdiction, and his fleeing from Evansville police in Indiana was wholly in this state’s jurisdiction.

Ashonta Kenya Jackson v. State of Indiana
48A02-1409-CR-670
Criminal. Affirms convictions of three counts of Class B felony robbery, but reverses conviction of Class C felony corrupt business influence. The trial court did not err when it denied Jackson’s motion for change of judge. The state presented insufficient evidence to support Jackson’s corrupt business influence conviction. But the state presented sufficient evidence to support his habitual offender adjudication. The trial court did not abuse its discretion when it sentenced Jackson. Remands to the trial court to revise the sentencing order to indicate which conviction is enhanced by Jackson’s habitual offender adjudication. Judge Baker concurs in part and dissents in part with opinion.

Jeffrey T. Gorham v. Dana E. Downing f/k/a Dana E. Gorham (mem. dec.)
29A02-1411-DR-803
Domestic relation. Affirms denial of husband’s motion to correct error.

Brandon George, Dustin George and 2911 Investments, LLC v. Pekin Life Insurance Company (mem. dec.)
38A02-1410-PL-751
Civil plenary. Reverses summary judgment for Pekin Life Insurance on the beneficiaries’ claim of breach of contract. Affirms summary judgment for the company on the beneficiaries’ bad faith claim and request for punitive damages.

Kraig Martin v. State of Indiana (mem. dec.)
49A04-1409-CR-434
Criminal. Affirms revocation of probation and placement in community corrections. Reverses imposition of $100 public defender fee against Martin but affirms remaining $560 in fees. Judge Riley concurs in part and dissents in part with the opinion.

Control Building Services, Inc. v. Simon Services, Inc., d/b/a Simon Business Network (mem. dec.)
49A04-1412-PL-547
Civil plenary. Reverses $10,407.80 fine assessed by the trial court to Control Building Services after finding it in contempt.
 
Renald Williams, Sr. v. State of Indiana (mem. dec.)
02A04-1409-CR-412
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture and aggregate 19-year sentence.

In Re: The Adoption of: M.W.M and K.R.M. (Minor Children) M.M. v. W.S. (mem. dec.)
43A03-1501-AD-16
Adoption. Affirms dismissal of M.M.’s motion for relief from judgment.

Ricardo B. Fuller v. State of Indiana (mem. dec.)
79A02-1411-CR-818
Criminal. Affirms dismissal of Fuller’s motion seeking modification of his 65-year sentence for Class A felony burglary, Class B felony criminal confinement, Class C felonies battery and stalking, and Class A misdemeanors domestic battery and invasion of privacy.


 

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