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Opinions July 28, 2017

July 28, 2017
KEYWORDS Opinions

Indiana Court of Appeals
In the Matter of: Ale.P., Ala.P., and J.P., Children Alleged to be in Need of Services, C.R. and A.R. v. The Indiana Department of Child Services
52A02-1612-JC-2864
Juvenile CHINS. Affirms the juvenile court’s order denying foster parents C.R. and A.R.’s motion for return of Ale.P., Ala.P. and J.P. Finds C.R. and A.R. were not deprived of due process. Also finds the juvenile court’s judgment is not clearly erroneous.

Christopher D. Berry v. State of Indiana (mem. dec.)
82A01-1611-CR-2695
Criminal. Affirms Christopher D. Berry’s sentence to three years for his convictions of Level 6 felony intimidation and Class A misdemeanor collusion. Finds the Vanderburgh Circuit Court did not abuse its discretion in sentencing Berry. Also finds the trial court did not impose an inappropriate sentence in light of the nature of the offense and Berry’s character.

In re the Matter of: B.D., W.D.D., and L.D. (Minor Children) Children in Need of Services and W.D. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A04-1701-JC-2
Juvenile CHINS. Affirms the Marion Superior Court’s order determining B.D., W.D.D. and L.D. are children in need of services. Finds the judgment reached by the trial court is not clearly erroneous. Also finds the lack of additional or more specific findings in the dispositional order does not require reversal or remand.

Daniel Boyd v. State of Indiana (mem. dec.)
49A05-1701-CR-192
Criminal. Affirms the Marion Superior Court’s decision to revoke Daniel Boyd’s placement at Marion County Community Corrections. Finds the trial court did not abuse its discretion by admitting the testimony of Sgt. Danny Williams. Also finds there was sufficient evidence to support the trial court’s decision to revoke Boyd’s placement in community corrections.

Justin Craig v. State of Indiana (mem. dec.)
49A02-1611-CR-2488
Criminal. Affirms in part Justin Craig’s convictions of two counts of Level 6 felony residential entry and two counts of Class B misdemeanor criminal mischief. Finds Craig entered Keana Jackson’s apartment through two different entrances, and his actions were not part of a single transaction. Also finds the evidence is sufficient to support Craig’s conviction for Class B misdemeanor criminal mischief for damage to Jackson’s phone. Finally, finds Craig’s convictions for residential entry through the front door and for criminal mischief regarding the same door constitute double jeopardy. Remands to the Marion Superior Court with instructions to vacate Craig’s conviction and sentence on criminal mischief for damage to the front door.

David Drummond v. State of Indiana (mem. dec.)
49A02-1606-PC-1278
Post-conviction. Reverses the summary denial of David Drummond’s successive petition for post-conviction relief. Finds that based upon the record and the state’s concession that summary denial was inappropriate, the pleadings do not conclusively show Drummond is entitled to no relief. Remands for further proceedings.

Dustin L. Conley v. Candice M. Conley n/k/a Candice M. Koors (mem. dec.)
16A05-1701-DR-81
Domestic relation. Affirms the Decatur Circuit Court’s decree dissolving Dustin L. Conley’s marriage to Candice M. Conley. Finds the trial court did not deprive Dustin Conley of due course of law. Also finds the trial court considered the parties’ evidence about the values of the marital assets, so it did not abuse its discretion. Finally, finds the trial court did not abuse its discretion in the division of the marital estate.

Jamison L. Beetz and Leah J. Beetz v. Joe D. Bryant and Anne E. Bryant Revocable Trust, Joe D. Bryant and Anne E. Bryant, Stephen A. Legan and Jenifer A. Legan, and Ron Zimmerman, et al. (mem. dec.)
41A04-1612-PL-2755
Civil plenary. Reverses the dismissal of Jamison L. and Leah J. Beetz’s complaint. Finds the Beetzes have alleged facts pursuant to which they would be entitled to declaratory relief on their claim that they are not bound by the 1982 Agreed Judgment and easement. Remands for further proceedings.

Mark J. Cottey v. State of Indiana (mem. dec.)
20A03-1701-CR-148
Criminal. Affirms the denial of Mark. J. Cottey’s motion for sentence modification. Finds the Elkhart Circuit Court did not act against the logic and effects of the facts and circumstances before it by denying Cottey’s motion.

Kirk Homoky v. City of Hobart, Indiana (mem. dec.)
45A03-1609-MI-2052
Miscellaneous. Affirms the Lake Superior Court’s affirmation of the decision of the Hobart Board of Public Works and Safety to terminate Kirk Homoky’s employment as an officer of the Hobart Police Department. Finds the board’s decision was made pursuant to proper procedure. Also finds the board’s findings were supported by substantial evidence.

David D. Hughes v. Laurina S. Hughes (mem. dec.)
67A01-1612-DR-2753
Domestic relation. Dismisses David Hughes’ appeal of the Putnam Superior Court’s belated grant of Laurina Hughes’ motion to correct error on the trial court’s order for an equal division of their assets and for Laurina Hughes to pay an equalization payment of $147,947.74. Finds the trial court lacked the authority to rule on Laurina Hughes’ motion to correct error because of a procedural error, so the ruling on that motion is void. Orders the trial court to vacate the grant of the motion to correct error.

 

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