Opinions April 14, 2016

April 14, 2016

Indiana Court of Appeals
Mason W. Meunier-Short v. State of Indiana
Criminal. Remands to trial court to conduct an indigency hearing at some point before Mason Meunier-Short’s probation ends. Vacates part of order imposing a $200 substance abuse fee and $200 alcohol and drug countermeasures fee. Reverses condition that would require Meunier-Short to go to school and maintain a “C” average and remands for the court to amend the probation order to give him the option to maintain fulltime employment or faithfully pursue a course of study that will equip him for suitable employment.

David Patrick Walters v. Jessica R. (Walters) Wittman (mem. dec.)
Domestic relations. Affirms trial court’s granting of a motion to assign 100 percent of child expenses to mother and that the trial court did not err in denying mother’s request for final decision-making authority over all joint custody issues for couple’s two children. Remands with instructions motion granting mother’s elimination of child support, as the trial court erred  in denying father parenting time credit and orders trial court to recalculate child support.

Dejuan Wells v. State of Indiana (mem. dec.)
Criminal. Affirms DeJuan Wells’ convictions of criminal deviate conduct and rape as Class B felonies. Reverses Wells’ conviction of Class A misdemeanor battery, as it violates double jeopardy with his conviction for Class D felony battery. Remands with instructions to amend abstract of judgment accordingly.

In the Term. of the Parent-Child Relationship of: K.M. (Minor Child) and T.M. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms involuntary termination of mother’s parental rights.

David Oxley v. State of Indiana (mem. dec.)
Criminal. Affirms David Oxley’s conviction of Class C felony reckless homicide.

Barn Phil, LLC, et al. v. TWCF Property, LLC (mem. dec.)
Civil plenary. Reverses and remands the grant of TWCF’s motion to have its complaint reinstated against Barn Phil seeking possession of premises. TWCF made a mistake of the law which is not sufficient to support reinstatement under Trial Rule 60(B).

Jacqueline Williams v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 5 felony operating a motor vehicle while intoxicated causing death, and driving while suspended, a Class A misdemeanor.

Robin L. Rajski v. Robert Rajski (mem. dec.)
Domestic relations. Remands to trial court decree of dissolution to direct husband to pay taxes due and owing. Also remands with instruction to include wife’s student loan in the marital estate and recalculate the equal division of the estate, if necessary. Affirms all other parts.

James Lee Roby v. State of Indiana (mem. dec.)
Criminal. Affirms James Roby’s conviction of Level 5 felony dealing in cocaine and being a habitual offender.