Opinions Dec. 3, 2015

December 3, 2015

Indiana Court of Appeals
Roger S. Blackman v. Karen A. Gholson and James W. Blackman
Estate, supervised. Affirms dismissal of Roger Blackman’s will contest action and subsequent denial of his motion to correct error. Finds the trial court erred in dismissing the suit based on lack of subject matter jurisdiction, as it did have jurisdiction over Blackman’s attempted will contest action. But it was appropriate to dismiss the action due to his failure to comply with the statutes and rules for initiating such an action. His failure to pay the filing fee for the action precludes reliance upon the Journey’s Account Statute to allow him to re-file. Denies Karen Gholson and James Blackman’s request for appellate attorney fees.

A.M. v. Department of Child Services (mem. dec.)
Juvenile. Affirms denial of father’s request to withdraw his consent of adoption of the children.

In the Matter of J.A., A Child Alleged To Be In Need Of Services, M.A., Father v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms order determining that daughter J.A. is a child in need of services.

Howard Wilder v. State of Indiana (mem. dec.)
Criminal. Affirms Level 3 felony conviction of armed robbery. Remands for limited purpose of correcting the abstract of judgment.

Cherise L. Kelsaw v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony battery and Class D felony criminal recklessness, finding sufficient evidence that she was the perpetrator of the crimes.

Herbert F. Breneman v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 6 felony theft, finding the evidence sufficient to establish Breneman has a prior unrelated conviction warranting the elevation of the crime from a Class A misdemeanor to a Level 6 felony.

Willie Bontempo v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Level 5 felony failure to register, finding his three-year sentence is not inappropriate.

Christopher Keen v. State of Indiana (mem. dec.)
Criminal. Reverses Keen’s conviction of Class A misdemeanor invasion of privacy because the undisputed evidence regarding his conduct in this case fails to support his conviction.

Rayna Robbins v. State of Indiana (mem. dec.)
Criminal. Affirms aggregate 20-year sentence, with three years suspended to probation, for two counts of Class B felony dealing in a controlled substance and one count of Class D felony neglect of a dependent.

Jerrud P. Seaton v. Mindy S. Foust (mem. dec.)
Protective order. Reverses protective ordered entered that prohibits Seaton from contacting Foust, her three children, her fiancé and the fiancé’s three children.