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Opinions March 14, 2017

March 14, 2017

Indiana Supreme Court
Lt. Henry G.L. McCullough and Princess S.D. Naro-McCullough v. CitiMortgage, Inc.
71S03-1605-MF-272
Mortgage foreclosure. Affirms the grant of summary judgment that led to the foreclosure of Henry McCullough and Princess S.D. Naro-McCullough’s family homestead. Finds there are no genuine issues of material fact precluding summary disposition.

Indiana Court of Appeals
Michael Lindsey v. State of Indiana
71A04-1412-PC-576
Post conviction. Reverses the denial of Michael Lindsey’s petition for post-conviction relief. Finds Lindsey’s trial counsel was ineffective and Lindsey was prejudiced by such counsel. Remands with instructions to adjust Lindsey’s sentence to 32 years.

David Earl Ison v. State of Indiana
24A04-1607-PC-1618
Post conviction. Remands the denial of David Earl Ison’s post-conviction relief petition. Finds the 2015 amendment to Ison’s PCR petition was properly before the trial court, as well as possibly other subsequent amendments. The trial court erroneously concluded that the only petition properly before it was Ison’s original petition. Remands with instructions to make specific findings of fact and conclusions of law with respect to Ison’s claims of ineffective assistance of trial counsel and involuntariness of his guilty plea.

Ronald Protho and Gwen Protho v. Tawanna Brown (mem. dec.)
45A04-1608-SC-1815
Small claims. Affirms the Lake Superior Court’s grant of Ronald and Gwen Protho’s motion to stay proceedings in a hearing on Tawanna Brown’s purchase of their property. Finds the trial court did not err in the timing of its ruling. Remands for further proceedings.

In Re: B.W. (Minor Child), Child in Need of Services, J.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
52A02-1610-JC-2323
Juvenile CHINS. Affirms the order declaring J.W.’s son, B.W., to be a child in need of services. The evidence is sufficient to support the CHINS adjudication.

In the Matter of Tiffany R. Laux: John R. Laux v. Deborah S. Mock (Wilson) (mem. dec.)
38A04-1605-JP-1045
Juvenile paternity. Affirms the Jay Circuit Court’s denial of John R. Laux’s petition to modify the amount he was ordered to pay toward his daughter’s post-secondary educational expenses. The evidence and findings support the trial court’s conclusion that “(Father) failed to show a substantial change of circumstances such that the order for educational assistance should be modified.”

Indiana Farmers Mutual Insurance Company v. Amber N. Yost, Gretchen L. Poehler, Mandy Shearer, and Anne K. Nania (mem. dec.)
79A02-1606-CT-1407
Civil tort. Affirms the Tippecanoe Superior Court’s dismissal by stipulation of Amber Scott from Indiana Farmers Mutual Insurance Co.’s claims of negligence and breach of lease. Also affirms the dismissal for failure to prosecute of Gretchen L. Poehler Broman and the grant of summary judgment to Mandy Shearer and Anne K. Nania on Indiana Farmers’ claims. The trial court erred in dismissing a negligence and breach of lease claim against Amber N. Yost. Remands for further proceedings.

Severo A. Reza v. State of Indiana (mem. dec.)
20A04-1608-CR-1782
Criminal. Affirms Severo Reza’s sentences to 2,190 days for his conviction of habitual traffic violator as a Level 5 felony and 365 days one for operating a vehicle while intoxicated as a Class A misdemeanor, to run concurrently, with the 365 days suspended on reporting probation. Finds Reza’s sentence is not inappropriate in light of the nature of his offenses and his character.

Randy Tapp v. State of Indiana (mem. dec.)
60A04-1610-CR-2268
Criminal. Reverses Randy Tapp’s convictions for Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. Tapp did not knowingly and voluntarily waive his right to be represented by an attorney. Remands for further proceedings.

In the Termination of the Parent-Child Relationship of I.K. and L.K. (Minor Children), and K.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)
48A02-1607-JT-1628
Juvenile termination of parental rights. Affirms the termination of K.F.’s parental rights to I.K. and L.K. The evidence is sufficient to support the termination order.

 

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