Opinions July 19, 2017

July 19, 2017

Indiana Court of Appeals
Stacy Lamont Griffin v. State of Indiana
Criminal. Affirms Stacy Lamont Griffin’s conviction for attempted robbery as a Level 5 felony and his six-year sentence. Finds Griffin has not demonstrated an abuse of the Clay Circuit Court’s discretion in the denial of his motion for sequestered, individualized voir dire. Also finds sufficient evidence supports Griffin’s conviction. Finally, finds his sentence is not inappropriate.

Brandon Mockbee v. State of Indiana
Criminal. Affirms and reverses in part the Dearborn Circuit Court’s finding that Brandon Mockbee was twice in direct criminal contempt of the court. Finds the trial court did not err in finding Mockbee in direct contempt, but finds there was only one continuous act of contempt. Remands to the trial court to enter a six-month sentence instead of the one-year jail sentence originally imposed.

T.L.E. v. A.D.H. (mem. dec.)
Protective order. Affirms the Monroe Circuit Court’s order finding that T.L.E. was in contempt of court and order that T.L.E. submit to a psychological examination and, subsequently, to engage in a mentoring program. Finds the trial court did not abuse its discretion in the use of evidence, in its finding that T.L.E. was in contempt of court or in its decision on sanctions.

In re: the Termination of J.O-E., JH.O-E., M.N. and A.N. (minor children) and Ar.N. (Father) and Me.N. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms the termination of Me.N. and Ar.N.’s parent-child relationships with their children M.N. and A.N. and the termination of Me.N.’s parent-child relationship with her older children, J.O-E. and JH.O-E. Finds there is sufficient evidence to support the termination of the parent-child relationships.

James M. Tabor v. State of Indiana (mem. dec.)
Criminal. Affirms the Vigo Superior Court’s order for James M. Tabor to serve the remainder of his prison term after a probation violation. Finds in light of Tabor’s multiple violations of the terms of his probation, the trial court’s decision to remand him to the Department of Correction with a recommendation for placement in a therapeutic program was not an abuse of discretion.

John Scuefield v. Penny Mac Corporation (mem. dec.)
Mortgage foreclosure. Dismisses John Scuefield’s pro se appeal of the Lake Circuit Court’s order denying his and his wife’s motion to set aside a default judgment that foreclosed the mortgage on their property. Finds that Scuefield violated Indiana Appellate Rules by not citing the relevant standard of review or providing a cogent argument, as well as other Appellate Rule violations, and, thus, has waived his claims on appeal.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.S., Co.M., Ca.M. (Minor Children), and A.S. (Mother), et al. v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms the termination of J.M. and A.S.’s parental relationships with Co.M. and Ca.M. and the termination of A.S.’s relationship with C.S. Finds the Vanderburgh Superior Court did not abuse its discretion in denying J.M.’s motion for continuance. Also finds the evidence is sufficient to support the termination orders as to both J.M. and A.S.

Arbie Clay, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Arbie Clay Jr.’s convictions of robbery as a Level 5 felony, attempted disarming of a law enforcement officer as a Level 5 felony, two counts of resisting law enforcement, one as a Level 6 felony and one as a Class A misdemeanor, and battery against a public safety official as a Level 6 felony. Finds the Howard Circuit Court’s issuance of jury instructions was not in error. Also finds there was sufficient evidence to sustain Clay’s convictions.

Mark Bonds v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Mark Bonds’ petition for post-conviction relief. Finds Bonds has waived his freestanding claims of error. Also finds he has failed to establish ineffective assistance of counsel or error in the denial of his motion for new DNA testing.

Myles C. Crenshaw v. State of Indiana (mem. dec.)
Criminal. Affirms Myles Crenshaw’s sentence to an aggregate of seven years and 10 months after he pleaded guilty to intimidation as a Level 5 felony and two counts of invasion of privacy as Class A misdemeanors. Finds Crenshaw’s sentence is not inappropriate in light of the nature of the offenses and his character.