Opinions Nov. 4, 2016

November 4, 2016

Indiana Court of Appeals
Mickel Thacker v. State of Indiana
Criminal. Affirms Mickel Thacker’s conviction of Level 6 felony auto theft and Class A misdemeanor resisting law enforcement. Finds that the evidence was sufficient to prove Thacker knowingly or intentionally exerted unauthorized control over a stolen vehicle and resisted law enforcement.

Antonio West v. State of Indiana (mem. dec.)
Criminal. Affirms Antonio West’s conviction of resisting law enforcement as a Class A misdemeanor. Finds that an officer’s order to stop was constitutionally permissible and that the state presented evidence sufficient to convict West of resisting law enforcement.

Bryan N. Myers v. State of Indiana (mem. dec.)
Criminal. Affirms DeKalb Superior Court’s order denying Bryan N. Myers’ motion for discharge of his four Class A felony drug dealing charges. Finds that Myers failed to provide the Court of Appeals with a record that indisputably shows that the DeKalb County prosecutor and/or the trial court became aware of his incarceration before May 15, 2015 and, thus, failed to meet his burden of demonstrating that the trial court clearly erred in denying his motion for discharge.

Mt. Vernon Fire Insurance Co. v. Louis Jancetic (mem. dec.)
Civil plenary. Reverses Lake Superior Court judgment finding that an insurance policy issued by Mount Vernon covered a judgment against Source Once Partners, LLC. Finds that the insurance policy clearly and unambiguously excluded intentional misrepresentations from coverage. Remands with instructions to enter summary judgment in Mount Vernon’s favor.

In the Matter of: N.S. (Minor Child), Child in Need of Services, and C.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms St. Joseph Probate Court’s order adjudicating C.S.’s child, N.S., to be a child in need of services. Finds that there is sufficient evidence supporting the CHINS adjudication.

Mary Davis v. State of Indiana (mem. dec.)
Criminal. Affirms Mary Davis’ three-year sentence for operating a vehicle while intoxicated as a Class D felony. Finds that in light of Davis’ criminal history and the realistic possibility of a sentence reduction, the sentence imposed by the Vigo Superior Court is not inappropriate.

In the Matter of: J.D., a Child in Need of Services, B.D. (Mother) and W.D. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
Juvenile. Affirms Marion Superior Court’s determination that J.D., child of B.D. and W.D., is a child in need of services. Finds that B.D. and W.D. did not establish that the juvenile court’s judgment was clearly erroneous. Finds that the juvenile court’s interpretation of the evidence was reasonable, even if the evidence could have potentially supported another interpretation.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.J. and W.J. (Minor Children), and A.J. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of A.J.’s parental relationship with her minor children, C.J. and W.J. Finds that the Allen Superior Court did not clearly err in concluding that there is a reasonable probability that the conditions that resulted in the children’s removal will not be remedied, that termination is in the children’s best interests and that there is a satisfactory plan for the children’s care and treatment.

Jody Michael Brooks v. State of Indiana (mem. dec.)
Criminal. Affirms Jody Brooks’ convictions of murder, robbery resulting in serious bodily injury and two counts of auto theft, and his sentence to an aggregate term of 62 years in prison. Finds that Brooks failed to prove that the Jennings Circuit Court committed fundamental error or abused its discretion, that his sentence was inappropriate in light of the nature of his offenses or his character, and that any error in the trial court’s failure to advise Brooks of specific possible release dates was, at most, harmless.

City of Terre Haute v. Bass Enterprises, LLC, and VCA, LLC (mem. dec.)
Miscellaneous. Affirms the entry of a declaratory judgment and temporary restraining order by the Vigo Superior Court in favor of Bass Enterprises, LLC and VCA, LLC, prohibiting the city of Terre Haute from placing a sewer lien on certain real estate owned by Bass Enterprises and VCA. Finds that the Vigo Superior Court properly applied the currently applicable version of the statute that was in effect at the time the city attempted to file the lien and that because the statute was not retroactively applied, the trial court did not err.