Opinions July 20, 2015

July 20, 2015

Indiana Court of Appeals
Charles R. Ferguson v. The Estate of Lera V. Ferguson
Estate. Reverses on interlocutory appeal an order that Charles R. Ferguson post a bond in excess of $1.1 million, representing the amount of his claim against the estate plus administrative costs in order to stay the sale of the family farm. Finding the trial court abused its discretion in ordering a bond in the amount of a claim against the estate plus costs, the panel remands with instructions that bond be posted at $60,000, the amount of administrative costs.

In the Matter of the Civil Commitment of T.D. v. Eskenazi Health Midtown Community Mental Health Center
Mental health. Reverses civil commitment and remands to the trial court with instructions to vacate the order. The hospital failed to provide clear and convincing evidence of grave disability required under Indiana Code § 12-7-2-96 to support an involuntary commitment.

Sherri Lane v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony theft.

Rodney S. Perry v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Perry’s motion to correct erroneous sentence. Perry had pleaded guilty to two counts of Class A felony voluntary manslaughter and the trial court imposed a sentence of 70 years. COA ruled the issues Perry raises have already been resolved in his direct appeal, post-conviction proceeding and post-conviction appeal.

Paul Scott Campbell v. State of Indiana (mem. dec.)
Criminal. Remands to clarify Campbell’s sex offender conditions of probation. Finds two conditions of his probation are impermissibly vague and the third condition could be more clear.

Jacob McDaniel v. State of Indiana (mem. dec.)
Criminal. Dismisses appeal of 16-year aggregate sentence imposed after the acceptance of McDaniel’s plea agreement. Concludes McDaniel knowingly and voluntarily waived his right to appeal his sentence.

Raymond D. White v. Yvonne R. White (mem. dec.)
Domestic relation. Affirms the trial court’s division of the marital estate. Reverses the trial court’s exclusion of the student loans from the marital estate. Remands with instructions to include the student loans in the marital estate and divide that liability accordingly; and determine whether an award of appellate attorney fees to Yvonne White is appropriate.

In re: the adoption of A.A., A.A. v. D.J. (mem. dec.)
Adoption. Reverses order allowing D.J.’s (the stepfather) adoption petition for the minor child to proceed without the consent of A.A. (the father). Remands for further proceedings under the adoption consent statute.  

Kerry D. Ketchem v. State of Indiana (mem. dec.)
Criminal. Affirms aggregate eight-year sentence for pleading guilty to three counts of Class D felony theft.

In the Matter of the Termination of the Parent-Child Relationship of E.B., Mother, C.T., Father, and K.B., Child, C.T. v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms order terminating the parental rights of the father, C.T., to his child, K.B.

Dominique Morris v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of voluntary manslaughter, a Level 2 felony, and escape, a Level 6 felony.

Trent Fitzmaurice v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class D felony dealing in a sawed-off shotgun and Class D felony theft.

Deandre Averitte v. State of Indiana (mem. dec.)
Criminal. Reverses conviction of unauthorized entry of a motor vehicle as a Level 6 felony. Remands with instructions to vacate the judgment and sentence and instead enter a judgment of conviction for Class B misdemeanor unauthorized entry of a motor vehicle and impose a sentence. Also remands to clarify whether the restitution order is a condition of probation and, if so, determine whether Averitte is able to pay the restitution.

William Eugene Slaton v. State of Indiana (mem. dec.)
Criminal. Affirms conviction and 18-year aggregate sentence for attempted dealing in methamphetamine, a Class B felony; possession of methamphetamine, a Class D felony; and being found to be a habitual substance offender.