Opinions Dec. 12, 2016

December 12, 2016

Indiana Court of Appeals
Richard Dobeski v. State of Indiana
Criminal. Reverses Richard Dobeski’s conviction for failure to register as a sex offender. Finds that Dobeski’s conviction is not supported by the evidence.  Remands with instructions to vacate his conviction.

Antonio Waters v. State of Indiana
Criminal. Affirms the dismissal of Antonio Waters’ objection to the delay in the imposition of the sex-offender conditions of his probation. Finds that the restrictions related to his contact with minors were erroneously imposed. Also finds that the restrictions on Waters’ internet use were “overly broad.” Remands with instructions to the trial court to impose narrower internet restrictions related to Waters’ “issues with women.”

David A. Mathews v. State of Indiana
Criminal. Affirms the denial of David. A Mathews’ motion for recusal and denies his request for a new trial. Finds that Judge Patrick Miller’s denial of Mathews’ procedurally defaulted Rule 12 motion was not clearly erroneous.

Carolyn F. Brundage v. Brian R. Brundage (mem. dec.)
Domestic relations. Finds that the Lake Circuit Court did not abuse its discretion in awarding primary physical custody of A.B. and B.B. to Brian Brundage, in calculating child support or in dividing the marital estate, and affirms those portions of the dissolution decree. Finds that the trial court did abuse its discretion in ordering Brundage to pay all $25,000 in attorney fees directly to attorney Thomas O’Donnell. Remands with instructions to order Brundage to satisfy his $14,000 provisional maintenance arrearage and with instruction to pay $10,950.21 to O’Donnell and $14,049.79 to Carolyn Brundage.

In the Termination of the Parent-Child Relationship of: Ne.K. & Ni.K. (minor children) and L.K. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of L.K.’s parental rights to Ne.K. and Ni.K. Finds that the Lawrence Circuit Court’s conclusion that termination is in the best interests of the children was not clearly erroneous.

Michael D. Webb v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Michael D. Webb’s probation and order to serve the 18-month balance of his previously suspended sentence. Finds that the Dubois Circuit Court did not abuse its discretion.

Afsaneh S. Kleinman and Dr. Elliot Kleinman v. Fifth Third Securities, Inc. (mem. dec.)
Civil collection. Affirms the dismissal of Afsaneh and Elliott Kleinman’s suit against Fifth Third Securities Inc. Finds that the Marion Superior Court did not err when it granted Fifth Third’s motion to dismiss.

Jeremy A. Wroblewski v. FS Financial, LLC (mem. dec.)
Small claims. Affirms the denial of Jeremy A. Wroblewski’s motion to set aside the small claims default judgment entered against him and in favor of FS Financial LLC. Finds that the St. Joseph Superior Court had personal jurisdiction over Wroblewski.

James Kaylor v. State of Indiana (mem. dec.)
Criminal. Affirms James Kaylor’s convictions of three counts of child molesting, one a Class A felony and two as Class C felonies, and aggregate sentence of 57 years in prison. Finds no support in the record for the claim that Kaylor was denied a fair and impartial jury. Also finds that Kaylor failed to establish that the trial court abused its discretion in denying his motion to dismiss the charges, and that he has not demonstrated that the alleged instructional error so prejudiced him that he was denied a fair trial. Finally, finds that there was not a reasonable possibility that the jury relied on the same evidentiary facts to convict Kaylor on two separate charges and that his 57-year sentence was not inappropriate in light of his character and the nature of his offenses.

Terry L. Hill v. State of Indiana (mem. dec.)
Criminal. Affirms Terry L. Hill’s conviction of Class C felony child molesting and the denial of his motion to dismiss the charge as untimely. Finds that Hill waived his argument that the state committed reversible error in failing to plead concealment in the charging information. Also finds that the Porter Superior Court did not abuse its discretion in denying Hill’s motion to dismiss.

Kadijah Danner v. State of Indiana (mem. dec.)
Criminal. Affirms Kadijah Danner’s conviction of Class B misdemeanor battery. Finds that the evidence is sufficient to support her conviction and that she was no acting in self-defense.

Moses Giger v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Moses Giger’s petition for post-conviction relief, which challenged his conviction and sentence for murder. Giger failed to demonstrate that his trial counsel’s performance was deficient and, based on the overwhelming evidence against Giger, any alleged deficiency did not result in prejudice against him. Also finds that even if Giger’s appellate counsel misstated the facts or should have filed a reply brief to correct the alleged misstatement by the state, Giger was not prejudiced by the alleged deficiency.