Opinions Feb. 2, 2016

February 2, 2016

Indiana Court of Appeals
State of Indiana and Indiana Bureau of Motor Vehicles v. Nicholas Hargrave
Criminal. Reverses denial of state’s motion to correct error after the trial court granted Hargrave’s petition asking it to order the BMV to reinstate his driving privileges without requiring him to provide proof of SR22 insurance. The BMV properly interpreted federal regulations adopted by Indiana statutes to mean that a person who holds a CDL at the time he commits a traffic violation may not participate in a diversion program. And because Hargrave’s driving privileges were suspended under I.C. 9-30-6-9, he is required to file proof of financial responsibility for three years following the termination of his suspension under I.C. 9-30-6-12.

Cynthia Bell v. State of Indiana (mem. dec.)
Criminal. Affirms trial court determination that Bell will be able to pay for the damage she caused in vandalizing two cars and to order restitution as a condition of probation. Judge Crone dissents

In the Termination of the Parent-child Relationship of, E.R. (Minor Child), and, J.B. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Raymond A. Warren v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

Kimberly Galbraith v. State of Indiana (mem. dec.)
Criminal. Affirms order revoking probation and order that Galbraith serve the remainder of her sentence in two causes.

Thomas J. Fenton and Cheryl D. Fenton v. City of Seymour, Indiana (mem. dec.)
Ordinance violation. Reverses judgment holding the Fentons in violation of the city of Seymour zoning ordinance.

D.L. v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms involuntary termination of parental rights.

In Re Guardianship and Adoption of L.J.M. (a Minor) M.M. and L.M. v. J.R. (mem. dec.)
Guardianship. Affirms order terminating the grandparents’ guardianship over L.J.M. and denying their petition to adopt her.

Tyrone Tapp v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

Johnnie A. Winners v. State of Indiana (mem. dec.)
Criminal. Affirms imposition of previously suspended sentence following revocation of probation.