Opinions Jan. 17, 2017

January 17, 2017

Indiana Court of Appeals
In Re: the Grandparent Visitation of G.S., J.S. v. M.S.
Domestic relation. Reverses in part a Hancock Circuit Court order mandating G.S. be permitted to have contact with other paternal relatives when participating in grandparent visitation with M.S. Finds there is no statutory authority for a trial court to order a child to have visitation with anyone other than a grandparent in the face of a parent’s objections.

Edward Taylor v. State of Indiana
Criminal. Affirms the denial of Edward Taylor’s motion to suppress evidence from a blood draw. Finds the Hendricks Superior Court did not err in denying Taylor’s motion to suppress evidence because the evidence was obtained via a valid search warrant despite the fact that the officer had in hand only an electronic copy at the time of the blood draw.

S.S. v. State of Indiana
Juvenile. Reverses the Marion Superior Court’s order requiring S.S. to pay restitution. The juvenile court abused its discretion when it ordered S.S. to pay restitution after it found that he did not have the ability to pay. Vacates the portion of the dispositional order dealing with the payment of restitution.

Fabian Roman Rubio v. State of Indiana (mem. dec.)
Criminal. Reverses Fabian Rubio’s sentence to 65 years’ imprisonment for murder, which was to run concurrent to a separate sentence for Class C felony sexual misconduct with a minor with no credit for time served after he pleaded guilty to murder. Finds that the Marshall Superior Court improperly calculated jail time credit owed to Rubio. Remands for resentencing.

George King v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of George King’s petition for post-conviction relief. Finds King’s trial and appellate counsel were not ineffective.

Beverly Twilley v. Pangea Real Estate, PP Indy 6, LLC and All Unknown Persons (mem. dec.)
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment in favor of Pangea Real Estate, PP Indy 6 LLC and other unknown persons. Finds summary judgment was properly granted to the defendants because they met their burden to designate evidence showing that they were entitled to judgment as a matter of law. Also finds Beverly Twilley failed to meet her burden of demonstrating any genuine issue of material fact.

Kenyatta Robinson v. State of Indiana (mem. dec.)
Criminal. Affirms Kenyatta Robinson’s convictions of three counts of aiding, inducing or causing dealing in cocaine, one count as a Class B felony and two counts as Level 4 felonies, his status as an habitual offender and sentence to an aggregate of 36 years executed in the Indiana Department of Correction. Finds the evidence is sufficient and that Robinson’s sentence is not inappropriate.

In the Termination of the Parent-Child Relationship of: E.L., S.L., L.L., & I.L., (Minor Children) and J.K. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms the juvenile court’s order terminating J.K.’s parental rights to L.L., E.L., I.L. and S.L. Finds the evidence is sufficient to support the juvenile court’s order terminating J.K.’s rights to the children.

Wyckford SK Realty, LLC v. JPMCC 2006-CIBC14-7777 Wyckford Ct LLC (mem. dec.)
Mortgage foreclosure. Reverses the trial court’s award of attorney fees to the bank by Wyckford SK Realty LLC. Finds the Marion Superior Court did not err in entering summary judgment in favor of the bank. Also finds that the trial court’s award of “Legal Costs” to the bank was an abuse of discretion under the circumstances of the case. Remands for a hearing on the question of attorney fees.