Opinions Dec. 11, 2015

December 11, 2015

Indiana Court of Appeals
Wayne Patton v. Jessica Patton

Domestic relation. Affirms denial of father’s motion for modification of visitation, finding the trial court struck a balance that addresses the concerns of all, while still providing father with opportunities for more rewarding parenting time with W.P. immediately and in the future. Reverses portion denying his modification of child support, finding the emancipation of daughter Ja. P. was a substantial and continuing change to justify modification. Remands for modification of support obligation to become $136.42 per week.

Jason J. Maraman v. City of Carmel, Indiana
Ordinance violation. Reverses speeding ticket issued. Because the Carmel city ordinance under which Maraman was ticketed was void, the trial court should have granted his motion to dismiss.

Rex S. Lovett v. State of Indiana
Miscellaneous. Affirms denial of petition for relief from sex offender registration requirements under the state’s Sex Offender Registration Act. Because Lovett was, at the time of and as a result of his original offense, subject to sex offender reporting requirements in another state, the ongoing requirement to register in Indiana is not an additional ex post facto punishment under the Indiana Constitution. Judge John Baker dissents.

R.P. Leasing, LLC, Robert C. Waite, and Ilene A. Waite v. Chemical Bank
Mortgage foreclosure. Reverses summary judgment in favor of the bank because there is conflicting designated evidence on the material issues of the fair market value of the Michigan property and the true amount of the indebtedness on the note. Affirms denial of R.P. Leasing’s request for attorney fees.

Shaun Combs v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Combs’ probation and order that he serve three years of his previously suspended 10-year sentence in the Department of Correction.

Walter Pittman v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Caroline Briggs v. Abdullah Alkhalidi (mem. dec.)
Civil plenary. Affirms denial of attorney Briggs’ successive motion for relief without a hearing regarding default judgment against her for not filing Alkhalidi’s petition for post-conviction relief.

Terry L. Rork, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms 20-year sentence for Class B felony child molesting.

Mark Cotton, et al. v. FSPI Empl Profit Sharing Plan, 401K (mem. dec.)
Miscellaneous. Affirms denial of Cotton’s objection to the issuance of a tax deed to FSPI.

Robin Maze v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

DeShawn Belcher v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class B felony unlawful possession of a firearm by a serious violent felon and Class D felony possession of marijuana.

Derek Mason v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Mason’s probation and imposition of his entire previously suspended sentence.