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Opinions April 28, 2017

April 28, 2017

Indiana Court of Appeals
Robert C. Mills v. Indiana Department of Child Services, Shirley Starks, Kristen L. Sparks, Melanie Reising, and Elizabeth Herrmann
82A01-1606-PL-1482
Civil plenary. Affirms the Vanderburgh Superior Court’s rulings in favor of the Indiana Department of Child Services on Robert Mills’ various claims for discrimination on the basis of sex and age, and for retaliation. Finds the trial court did not err in ruling against Mills.

Nancy Richardson v. Susan Thieme
05A02-1608-EU-1749
Estate, unsupervised. Affirms the Blackford Circuit Court’s order rejecting Nancy Richardson’s objections to the closing of the Unsupervised Estate of Clayton Ford by the estate’s personal representative, Susan Thieme. Finds that the trial court did not apply an incorrect standard of proof in considering Richardson’s objections to Thieme’s closing of the estate, and Thieme’s final accounting did not have to comply with the requirements for final accountings in supervised estates. Also finds that Richardson has failed to establish reversible error in the distribution of the estate’s personal property, either with respect to the property’s valuation or Thieme’s alleged self-dealing.

Dacia N. Ward v. State of Indiana (mem. dec.)
84A05-1611-CR-2714
Criminal. Affirms Dacia N. Ward’s sentence of 2½ years and his sentence enhancement by five years for his adjudication as an habitual offender for his conviction of Level 6 felony failure to return to lawful detention. Finds that Ward’s sentence is not inappropriate in light of the nature of his offense and his character.

Domonique Henderson v. State of Indiana (mem. dec.)
73A05-1609-CR-2130
Criminal. Affirms Domonique Henderson’s sentence of 30 years, with 20 years executed and 10 years suspended, five years to probation, for Class A felony burglary and Class B felony robbery. Finds that Henderson failed to demonstrate this his sentence is inappropriate in light of the nature of the offense and his character. Remands for proper determination of Henderson’s pretrial jailtime credit.

Terri Lynn Davis v. State of Indiana (mem. dec.)
84A01-1609-CR-2237
Criminal. Affirms Terri Lynn Davis’ conviction of driving while intoxicated while endangering a person as a Class A misdemeanor. Finds that evidence of probative value exists from which the court could have found Davis guilty beyond a reasonable doubt.

Carol Ann Linzy v. State of Indiana (mem. dec.)
84A01-1611-CR-2614
Criminal. Affirms the revocation of Carol Ann Linzy’s probation and order that she serve the balance of her sentence in prison rather than on community corrections. Finds that this is Linzy’s third probation violation in this case and that Linzy has been given multiple chances to succeed outside of prison.

In the Matter of the Termination of the Parent-Child Relationship of C.D. & J.D. (Children) and N.D. (Mother); N.D. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A02-1611-JT-2466
Juvenile termination of parental rights. Affirms the termination of N.D.’s parental rights to C.D. and J.D. Finds that N.D.’s lack of parenting skills, lack of interest in improving those skills and failure to address domestic violence issues are clearly supported by the record. Also finds that the Marion Superior Court did not err in concluding there was a reasonable probability continuation of the parent-child relationship posed a threat to the children under Indiana Code section 31-35-2-4(b)(2)(B)(ii).

In the Matter of the Termination of the Parent-Child Relationship of: J.N.S., G.L.S., and N.M.M. (minor children); O.S. (mother) v. The Indiana Department of Child Services (mem. dec.)
28A05-1611-JT-2682
Juvenile termination of parental rights. Affirms the termination of O.S.’s parent-child relationship with her daughters N.M., J.S. and G.S. Finds that there is sufficient evidence to support the termination of the parent-child relationship.

State of Indiana v. Thomas Dale Mozee (mem. dec.)
10A04-1610-CR-2336
Criminal. Reverses the dismissal of the state of Indiana’s petition to revoke probation against Thomas Dale Mozee and remands for proceedings. Finds that the Clark Circuit Court erred in dismissing the probation revocation proceeding prior to its resolution.

David James Hippensteel v. State of Indiana (mem.dec.)
82A01-1612-CR-2858
Criminal. Affirms David James Hippensteel’s conviction of resisting law enforcement as a Level 6 felony. Finds that a reasonable tier of fact could have found that Hippensteel inflicted or otherwise caused the bodily injury sustained by Sergeant Jason Allen and that sufficient evidence exists from which the trier of fact could find Hippensteel guilty beyond a reasonable doubt.

Kenneth Robinson v. State of Indiana (mem. dec.)
45A04-1612-CR-2871
Criminal. Affirms the denial of Kenneth Robinson’s Trial Rule 60(B) motion requesting relief from dismissal of Robinson’s post-conviction relief petition. Finds that because Robinson’s October 2016 petition was an unauthorized successive petition, the post-conviction court did not err in dismissing it and, accordingly, did not err in denying Robinson’s motion requesting relief from the dismissal.

State of Indiana and Indiana Bureau of Motor Vehicles v. Thomas H. Miracle (mem. dec.)
64A05-1607-IF-1624
Infraction. Reverses the denial of the State of Indiana and Indiana Bureau of Motor Vehicles’ motion to correct error regarding the expungement of administrative suspension records of Thomas Miracle. Finds that the Porter Superior Court abused its discretion by denying the BMV’s motion to correct error. Remands for proceedings.

T.S. v. D.S. (mem. dec.)
53A01-1608-PO-1817
Protective order. Affirms the Monroe Circuit Court’s issuance of an order for protection against T.S. and in favor of D.S. Finds that the evidence was sufficient to support the trial court’s issuance of the protection order.

Ricky L. Baker and Victoria Baker v. Fall Creek Housing Partners, LLC (mem. dec.)
49A02-1605-CT-1060
Civil tort. Grants rehearing and Ricky and Victoria Baker’s motion to supplement the appendix and vacates the Indiana Court of Appeals’ original opinion. Affirms the award of summary judgment to Fall Creek Housing Partners, LLC and the denial of the Bakers’ motion to correct error. Finds that the Marion Superior Court did not err.
 

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