Opinions Oct. 18, 2016

October 18, 2016

Indiana Court of Appeals
State of Indiana ex rel. Indiana Department of Transportation v. Joshua Dehaven and FBi Buildings, Inc.
Civil collection. Affirms denial of the State of Indiana, ex rel. Indiana Department of Transportation’s motion for summary judgment in lawsuit against Joshua DeHaven and FBi Buildings, Inc. INDOT is not entitled to recover, as a matter of law, the actual cost incurred to repair the bridge after DeHaven struck it with his trailer.

Cassidi Mosier v. State of Indiana (mem. dec.)
Criminal. Affirms Cassidi J. Mosier’s sentence to 913 days fully executed in the Indiana Department of Correction for possession of a narcotic as a Level 6 felony. Finds that the Howard Superior Court acted within its discretion when it did not identify any mitigating circumstances and that Mosier’s sentence is not inappropriate in light of the nature of the offense and her character.

Richard Jones v. State of Indiana (mem. dec.)
Criminal. Affirms Richard Jones’ conviction of resisting law enforcement as a Class A misdemeanor. Finds that Jones waived his right to appeal on the basis of improperly admitted evidence because he failed to object to the admission of the evidence on the grounds that it was obtained in violation of the federal and state constitutions.

Lynn K.C. Sines v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Lynn Sines’ pro se petition for post-conviction relief. Finds that Sines did not receive ineffective assistance of trial counsel and that his guilty plea was voluntary.

In the Matter of the Guardianship of A.P., Adult, Louisa Jurich v. Louis Picicco (mem. dec.)
Guardianship. Affirms Lake Superior Court’s order accepting Louis Picicco’s amended verified account of administration of the guardianship of A.P. and denying Louisa Jurich’s petition to remove Picicco as guardian of A.P.

In Re the Matter of the Termination of the Parent-Child Relationship of: G.S. and B.S. (Minor Children), And N.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms Vanderburgh Superior Court’s order terminating N.S.’s parental rights to his two minor children, G.S. and B.S. Finds that the Indiana Department of Child Services presented sufficient evidence to support the termination.

Phillip D. Martin v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Phillip D. Martin’s probation. Finds that there is sufficient evidence to support the revocation of Martin’s probation and that the Huntington Superior Court acted within its discretion in sanctioning Martin’s probation violations.

Bennie Truth v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Bennie Truth’s petition for post-conviction relief challenging the revocation of his parole. Finds that the post-conviction court did not abuse its discretion in denying Truth’s motion and that it did not err in granting the state’s motion for summary disposition.