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Opinions May 16, 2017

May 16, 2017

Indiana Court of Appeals
Tommy R. Pruitt v. State of Indiana
15A05-1606-CR-1235
Criminal. Affirms Tommy R. Pruitt’s sentence to an aggregate term of 180 years for the murder of a law enforcement officer acting in the line of duty. Finds the trial court would have imposed the same sentence of 65 years for Pruitt’s murder charge had it only considered the aggravators that complied with Blakely v. Washington. Also finds Pruitt’s sentence is not inappropriate in light of the nature of the offense and his character.

FLM, LLC, v. Metropolitan Development Commission of Marion County, Indiana
49A02-1609-OV-2216
Ordinance violation. Affirms the entry of summary judgment in favor of the Metropolitan Development Commission of Marion County, Indiana. Finds FLM, LLC allowed International Recycling, Inc. to commit multiple ordinance violations. Remands to the Marion Superior Court for enforcement.

Armando Gonzalez, Jr. v. State of Indiana (mem. dec.)
20A03-1608-CR-2110
Criminal. Affirms Armando Gonzalez, Jr.’s sentence to an aggregate of 61 years following the Indiana Court of Appeal’s remand for resentencing. Finds Gonzalez has not demonstrated the sentence imposed by the Elkhart Circuit Court is “illegal.”

Mircea Garba v. West Bend Mutual Insurance Company (mem. dec.)
75A04-1611-PL-2546
Civil plenary. Affirms the entry of summary judgment in favor of West Bend Mutual Insurance Company. Finds that Mircea Garba’s payment was limited to an insurance policy limit of $360,500 because he elected not to repair his house after it was damaged in a fire.

In Re the Adoption of L.J. and E.J., minors, Crystal Satter v. Jason James and Jennifer James (mem. dec.)
64A03-1608-AD-1886
Adoption. Affirms the adoption court’s conclusion that Crystal Satter’s consent to the adoption of L.J. and E.J. by Jennifer James is not required. Reverses the grant of Jason and Jennifer James’ petition for Jennifer James to adopt the children. Finds the criminal history check was not performed on Jennifer James. Remands with instructions to order a criminal history check on Jennifer James pursuant to Indiana Code section 31-19-8-5(d) and for further proceedings following the result of the criminal history check.

Jason Wooldridge v. Sellersburg Properties, LLC (mem. dec.)
72A01-1608-MF-2018
Mortgage foreclosure. Affirms the grant of summary judgment to Sellersburg Properties, LLC on its complaint against Jason Wooldridge seeking payment on a promissory note for which Wooldridge had executed a personal guarantee. Finds that Sellersburg owns the note and that Wooldridge is a personal guarantor. Remands for further proceedings.

Elias N. Berrum v. State of Indiana (mem. dec.)
02A03-1607-CR-1673
Criminal. Affirms Elias Berrum’s convictions for one count each of child molesting as Class A, Class C and Level 4 felonies. Finds the trial court did not abuse its discretion in admitting V.R.’s videotaped interview.

Chantilly R. Harrell v. State of Indiana (mem. dec.)
05A05-1606-CR-1510
Criminal. Affirms the denial of Chantilly R. Harrell’s motion to suppress evidence and the certification of the denial for interlocutory appeal. Finds there was good cause for interlocutory appeal, so the Indiana Court of Appeals can address the case on its merits. Also finds the Blackford Superior Court did not err in denying Harrell’s motion to suppress.

Larell P. Isom v. State of Indiana (mem. dec.)
18A02-1611-CR-2642
Criminal. Affirms Larrell P. Isom’s conviction for battery with moderate bodily injury as a Level 6 felony. Finds the Delaware Circuit Court did not abuse its discretion when it admitted the victim’s statement.

Scott K. Jordan v. State of Indiana (mem. dec.)
02A05-1612-CR-2780
Criminal. Affirms Scott K. Jordan’s sentence of 65 years in the Indiana Department of Correction for his conviction of felony murder. Finds Jordan’s sentence is not inappropriate in light of the nature of the offense and his character.

Diane Haas v. Michael Carpenter (mem.dec.)
46A04-1610-SC-2437
Small claims. Affirms the small claims court’s damage award as a result of a bedbug infestation in a multi-unit apartment complex. Finds the LaPorte Superior Court did not err in its damage award.

Orlando Dejuan Denae Mitchell v. State of Indiana (mem. dec.)
71A04-1608-CR-1835
Criminal. Affirms Orlando Dejuan Denae Mitchell’s conviction for Class A misdemeanor resisting law enforcement. Finds the state presented sufficient evidence to support his conviction.

Mindy Andrew v. State of Indiana (mem. dec.)
49A04-1610-CR-2399
Criminal. Vacates the Marion Superior Court’s restitution order following Mindy L. Andrew’s conviction for Class A misdemeanor criminal mischief. Finds the trial court abused its discretion by ordering Andrew to pay restitution without ascertaining her ability to pay. Judge Cale Bradford concurs with separate opinion.

In re Adoption of C.H. and H.H., S.S. v. J.N. and Z.N. (mem. dec.)
32A01-1607-AD-1599
Adoption. Affirms the Hendricks Superior Court’s order finding S.S.’s consent to the adoption of her children by J.N. and Z.N. was not required and granting the adoptive parents’ petition to adopt the children. Finds the evidence was insufficient to make the requisite statutory showing that S.S.’s consent is not required.

In the Termination of the Parent-Child Relationship of: W.W. & C.W. (Minor Children), and M.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
55A01-1702-JT-225
Juvenile termination of parental rights. Affirms the Morgan Circuit Court’s order terminating the parent-child relationship between M.W. and his children, W.W. and C.W. Finds the evidence was sufficient to support the termination order.

Anthony Hudgins v. State of Indiana (mem. dec.)
49A02-1612-CR-2760
Criminal. Affirms Anthony Hudgins’ conviction of Level 6 felony strangulation. Finds the Marion Superior Court did not abuse its discretion in admitting challenged evidence.

Timothy L. Larkey, Sr. v. State of Indiana (mem. dec.)
90A02-1612-CR-2767
Criminal. Affirms Tim Larkey, Sr.’s conviction of Class C felony child molesting and his sentence to eight years of incarceration. Finds the evidence was sufficient to sustain Larkey’s conviction. Also finds his sentence is not inappropriate in light of the nature of the offense and his character.

S.C. v. Indiana Department of Child Services, Local Knox County Office (mem. dec.)
42A01-1611-JT-2618
Juvenile termination of parental rights. Affirms the Knox Superior Court’s order terminating S.C.’s parental rights to his minor child, S.L.C. Finds the trial court’s order is not clearly erroneous.
 

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