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Opinions July 7, 2017

July 7, 2017

Indiana Court of Appeals
AAA Federal Credit Union v. Indiana Department of Transportation
71A03-1609-PL-2091
Civil plenary. Affirms the St. Joseph Superior Court’s conclusion that AAA Federal Credit Union did not have a property interest in the free flow of traffic from U.S. 31. Finds the trial court did not err.

In re Adoption of E.B.F., J.W. v. D.F.
28A05-1702-AD-257
Adoption. Affirms the Greene Circuit Court’s ruling that E.B.F.’s biological mother, J.W., failed without justifiable cause to communicate significantly with E.B.F. for one year when she was able to do so. Finds the trial court did not err in coming to that conclusion.

In the Paternity of J.W. Bailey R. Dailey v. Justin L. Piersimoni
76A04-1610-JP-2476
Juvenile paternity. Reverses an order finding B.D. in contempt of court upon the petition of J.P. Finds the Steuben Circuit Court infringed upon the custodial rights of B.D. by delegating to a service provider decision-making as to J.W.’s need for therapy. Also finds B.D. has shown, prima facie, that she was not in indirect contempt of court. Finally, finds the trial court’s order was an abuse of discretion. Judge Margaret Robb concurs in result with separate opinion. Chief Judge Nancy Vaidik dissents with separate opinion.

Brandon Black v. State of Indiana
09A04-1610-CR-2312
Criminal. Affirms and reverses in part Brandon Black’s convictions for Level 2 felony conspiracy to commit robbery resulting in serious bodily injury and Level 2 felony robbery resulting in serious bodily injury. Reduces Black’s robbery conviction to a Level 5 felony and amends his sentence accordingly. Finds Black was denied the right to counsel at a critical stage of the proceedings, but was not prejudiced by the denial. Also finds any error of admitting into evidence the victim’s identifications was harmless. Finally, finds Black’s enhanced convictions violated double jeopardy. Remands to the Cass Superior Court with instructions to enter judgment of conviction for robbery as a Level 5 felony and amend Black’s sentence to six years.

Coltan A. Perryman v. State of Indiana
06A01-1605-CR-1049
Criminal. Affirms Coltan A. Perryman’s convictions of Level 3 felony battery causing serious bodily injury to a child younger than 14 and Level 6 felony neglect of a dependent. Finds the admission of A.G.’s Child Advocacy Center interview and the jailer’s evidence was not error, and the admission of the nurse’s hearsay testimony and forensic biologist’s evidence was harmless error. Also finds sufficient evidence supported Perryman’s convictions for battery and neglect. Finally, finds the Boone Superior Court did not abuse its discretion in ruling that the possibility that one to three jurors saw Perryman in handcuffs before the start of habitual offender proceedings did not entitle Perryman to a mistrial.

Juan Vega v. City of Hammond and City of Hammond Board of Public Works and Safety
45A03-1605-MI-1067
Miscellaneous. Reverses the Lake Superior Court’s order and ruling on Juan Vega’s motion to correct error in favor of the city of Hammond and the City of Hammond Board of Public Works and Safety. Finds Vega has made a requisite showing that the board’s order was made without consideration or in disregard of the facts and circumstances of the case and was, therefore, arbitrary and capricious. Also finds the trial court erred in dismissing Vega’s complaint for judicial review at the close of his case-in-chief.

Best Chairs, Inc. v. Sheena Matheis (mem. dec.)
93A02-1611-EX-2480
Agency. Affirms an order from the Indiana Worker’s Compensation Board that affirmed the decision of a single hearing member on Sheena Matheis’ application for adjustment of claim. Finds the board did not err.

James Orlando Washington v. State of Indiana (mem. dec.)
45A04-1610-PC-2421
Post conviction. Affirms the denial of James Orlando Washington’s petition for post-conviction relief. Finds Washington was not denied the effective assistance of trial counsel. Also finds Washington has waived his argument regarding Criminal Rule 4(C).

Gregory D. Webster v. Michiana Transportation, Inc. and Michiana Transportation of South Bend, Inc. (mem. dec.)
71A03-1611-CT-2706
Civil tort. Affirms the St. Joseph Superior Court’s grant of Michiana Transportation Inc. and Michiana Transportation of South Bend Inc.’s motions for Trial Rule 60(B) relief. Finds the trial court did not abuse its discretion. Judge Margaret Robb concurs in result with separate opinion.

In the Matter of the Guardianship of K.E.N.G., J.J.M., and A.N.B., B.M. v. P.B. (mem. dec.)
39A04-1701-GU-170
Guardianship. Affirms the Jefferson Circuit Court’s grant of P.B.’s petitions to establish guardianship over her three minor grandchildren. Finds P.B. has established the guardianship is necessary and rebutted the presumption that it is in the children’s best interests to be returned to their mother’s care.

In the Matter of R.S. (Minor Child) Child in Need of Services, and D.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
87A05-1609-JC-2280
Juvenile CHINS. Affirms the denial of D.S. and J.S.’s Indiana Trial Rule 60(B)(8) motion for relief from judgment. Finds D.S. and J.S. have not demonstrated the Warrick Circuit Court abused its discretion in denying the motion.

Matthew Wininger v. State of Indiana (mem. dec.)
14A05-1701-CR-200
Criminal. Affirms and reverses in part the Daviess Superior Court order for Matthew Wininger to pay a public defender fee of $100. Finds the trial court erred when it imposed the public defender fee without an indigency hearing. Affirms the judgment of the trial court in all other respects.

Jewell D. Riley v. State of Indiana (mem. dec.)
20A04-1701-CR-155
Criminal. Affirms the Elkhart Superior Court’s order for Jewell D. Riley to serve three years of his previously suspended sentence in the Department of Correction and the imposition of an additional year of probation. Finds the trial court did not abuse its discretion.

David J. Taylor v. State of Indiana (mem. dec.)
02A05-1701-CR-99
Criminal. Affirms the revocation of David Taylor’s probation. Finds there is sufficient evidence to support it and that the revocation did not violate Taylor’s due process rights.

 

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