Opinions July 25, 2017

July 25, 2017

Indiana Court of Appeals
Lamasco Redevelopment, LLC v. Henry County, Indiana, Auditor and Henry County, Indiana, Treasurer
Miscellaneous. Reverses the Henry Circuit Court’s order granting the Henry County Auditor and Henry County Treasurer’s request to invalidate Lamasco Redevelopment, LLC’s purchase of two properties at a 2015 tax sale and vacating the court’s order directing that tax deeds be issued to Lamasco for those properties. Finds the auditor’s failure to comply with Indiana Code section 32-21-8-7 did not provide a basis for the trial court to invalidate the tax sale and vacate its orders directing the issuance of tax deeds. Remands with instructions to vacate the order and reinstate the orders to the Auditor to issue tax deeds for both parcels of land to Lamasco.

Ludina Roshida Wallace v. State of Indiana
Criminal. Affirms Ludina R. Wallace’s conviction for criminal recklessness as a Class A misdemeanor. Finds the St. Joseph Superior Court acted within its discretion in admitting the recording of the 911 call into evidence.

James W. Klenner v. Lisa M. Klenner (mem. dec.)
Criminal. Affirms the Johnson Superior Court’s order for James W. Klenner to pay $101 per week in child support and $99 per week toward a child support arrearage.  Finds Klenner has failed to show the trial court abused its discretion in calculating his or Lisa M. Klenner’s income for purposes of determining his child support obligation, failing to hold an in camera interview of the children to determine their wishes with regard to child custody and parenting time, or failing to hold Lisa Klenner in contempt on each of the issues James Klenner raised at trial. Also finds James Klenner’s argument the trial court erred by ordering his child support obligation to include support retroactive to Jan. 1, 2015 is meritless.

Terry L. Brown v. State of Indiana (mem. dec.)
Criminal. Affirms Terry L. Brown’s conviction of domestic battery with a prior domestic battery conviction against the same victim as a Level 5 felony. Finds sufficient evidence was presented to support Brown’s conviction.

Bobbie R. Mituski v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Bobbie R. Mituski’s probation. Finds Mituski has failed to establish the Vigo Superior Court abused its discretion in its decision to revoke her probation and order for her to serve the remainder of her previously suspended three-year sentence. Remands with instructions for the trial court to recalculate jail time credit and clarify if and to what extent the three-year sentence is reduced for accrued credit time.

Tommy J. Sexton v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Tommy J. Sexton’s probation and order that he serve a portion of his previously suspended sentence. Finds the Kosciusko Superior Court did not abuse its discretion in ordering Sexton to serve 4 ½ years in the Department of Correction.

L.M. v. State of Indiana (mem. dec.)
Juvenile. Affirms L.M.’s adjudication as a delinquent child for committing what would be Level 4 felony child molesting if done by an adult. Finds all of the challenged evidence was admissible, and none was hearsay or vouching testimony. Finally, finds the Lawrence Circuit Court did not abuse its discretion.

Kenneth Lee Neville, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Kenneth Lee Neville Jr.’s convictions of Level 3 felony dealing in a narcotic drug and Class C misdemeanor operating a motor vehicle without ever receiving a license, his adjudication as a habitual offender, and the vacation of his conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence obtained during a search of Neville and the car he was driving. Also finds the evidence presented at trial was sufficient from which the jury could have inferred that Neville intended to deliver heroin. Finally, finds the trial court did not err when it vacated Neville’s conviction of unlawful possession of a firearm by a serious violent felon.

Areryaunna Naikwett James v. State of Indiana (mem. dec.)
Criminal. Affirms Areryaunna Naikwett James’ conviction of Level 6 felony forgery. Finds the state presented sufficient evidence from which a reasonable fact-finder could conclude James committed forgery.

H.J. v. State of Indiana (mem. dec.)
Juvenile. Affirms H.J.’s adjudication as a delinquent for committing acts that would constitute theft and auto theft as Level 6 felonies if committed by an adult. Finds evidence of probative value existed from which a reasonable factfinder could find beyond a reasonable doubt that H.J. committed delinquent acts constituting theft and auto theft if committed by an adult. Also finds the Marion Superior Court did not abuse its discretion in denying H.J.’s request to dismiss.