Opinions Dec. 8, 2016

December 8, 2016

Indiana Court of Appeals
In re the Expungement/Sealing of Records of H.M. v. State of Indiana and Marion County Sheriff
Miscellaneous. Reverses dismissal of H.M.’s contempt petition. Finds that the Marion Superior Court did not err when it denied H.M.’s motion to strike but did err when it dismissed H.M.’s contempt petition. Remands for further proceedings. Judge Michael Barnes concurs with separate opinion.

In re the Adoption of A.G. & J.G., A.R. v. M.G. & J.G.
Adoption. Reverses the Madison Circuit Court’s amended decree of adoption. Finds that the trial court abused its discretion in granting attorney William Byer’s motion to withdraw appearance in violation of the local rule. Remands for further proceedings.

Deltrice Watkins v. State of Indiana (mem. dec.)
Criminal. Affirms Deltrice Watkins’ convictions for two counts of dealing in methamphetamine as Class A felonies, possession of a schedule III controlled substance as a Class D felony and possession of schedule IV controlled substance as a Class D felony. Finds that because Watkins did not object to the jury instructions or tender a relevant jury instruction, she did not preserve the issue for appeal. Also finds that to the extent Watkins asserts fundamental error in her reply brief, she did not so do so in her initial brief and has waived the issue.

Derrick Harris v. State of Indiana (mem. dec.)
Criminal. Affirms the Delaware Circuit Court’s order denying Derrick Harris’ motion for vacating plea agreement and habeas corpus. Finds that Harris invited any error with respect to the trial court’s decision to sentence him pursuant to the amended plea agreement and that he has not shown a manifest injustice in need of correction.

Joseph Matly and Rima A. Matly v. CitiMortgage, Inc. (mem. dec.)
Mortgage foreclosure. Affirms the Hamilton Circuit Court’s denial of Joseph and Rima A. Matly’s motion for relief from summary judgment. Finds that the trial court properly permitted CitiMortgage to file a subsequent motion for summary judgment and that the court correctly denied the Matlys’ motion for relief from judgment.

Gerald Edward Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Gerald Edward Johnson’s sentence to an aggregate of 10 years executed following his open guilty plea to battery by means of a deadly weapon as a Level 5 felony, intimidation as a Level 5 felony and his adjudication as a habitual offender. Finds that Johnson’s sentence is not inappropriate in light of the nature of the offense and his character. Remands to the trial court for clarification of the sentencing order.

Bryce Paxson v. State of Indiana (mem. dec.)
Criminal. Affirms Bryce Paxson’s 12-year sentence after pleading guilty to causing death when operating a motor vehicle with an alcohol concentration equivalent of 0.15 or more as a Level 4 felony. Finds that Paxson’s sentence does not warrant revision under Appellate Rule 7(B).

Joshua Thompson v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Thompson’s convictions of resisting law enforcement as a Level 6 felony and armed robbery as a Level 3 felony. Vacates his conviction of resisting law enforcement as a Class A misdemeanor. Finds that the Marion Superior Court did not err when it granted the state’s motion to amend the charging information after the first day of the trial. Also finds that Thompson’s convictions for two counts of resisting law enforcement are contrary to double jeopardy principles. Remands to the trial court for purposes of correcting its record.

Maximilian Spiegel v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Maximilian Spiegel’s petition for post-conviction relief. Finds that Spiegel did not establish that he was denied the effective assistance of trial counsel.