Opinions Aug. 25, 2017

August 25, 2017

Indiana Court of Appeals
Karin Schwab v. Kyle Morrissey, et al.
Civil plenary. Reverses the grant of summary judgment to Kyle Morrissey and Jamie Morrissey on Karin Schwab’s appeal of a small claims court judgment. Finds the Morrisseys failed to make a prima facie showing they are entitled to judgment as a matter of law, and the Marion Superior Court erred in granting them summary judgment.

Anthony Wayne Barnett v. State of Indiana
Criminal. Affirms Anthony Wayne Barnett’s convictions of Class A felony burglary, Class C felony battery and Class D felony intimidation and the finding that he was a habitual offender. Finds Barnett has waived his argument that the Indiana Court of Appeals is barred from hearing his new direct appeal. Also finds the Floyd Superior Court did not err when it allowed the state to amend the charging information to add the offenses of Class A felony burglary and Class D felony intimidation. Finally, finds any waiver of Barnett’s challenge on appeal to the habitual amendment was not attributable solely to trial counsel’s absence at the habitual hearing amendment hearing, and he has shown no prejudice.

In the Matter of: L.S., C.S., and W.S. (Minor Children in Need of Services); J.S. (Father) v. Indiana Department of Child Services
Juvenile CHINS. Affirms the denial of the Department of Child Services’ petition in which DCS alleged J.S.’s children, L.S., C.S. and W.S., are children in need of services. Finds J.S.’s contention that the Tippecanoe Superior Court erred when it denied his repeated requests for supervised visitation is moot. Also finds the trial court did not deny J.S.’s right to due process when it continued the fact-finding hearing. Finally, finds the trial court’s denial of the CHINS petition was not clearly erroneous.

In the Matter of the Supervised Estate of Gary D. Kent, Deceased, et al. v. Cynthia Kerr
Estate, supervised. Reverses the denial of Cynthia Kerr’s summary judgment motion. Finds nothing in Indiana Code section 29-1-9-1 prohibits the family settlement agreement, and it is a valid and enforceable contract. Also finds the Morgan Superior Court erred when it concluded the agreement was not supported by sufficient consideration and that John David Kent had rescinded the agreement. Finally, finds the trial court erred when it denied Kerr’s summary judgment motion. Remands with instructions to the trial court to enter judgment for Kerr on her motion to enforce the agreement and for further proceedings.

Daniel Michael Walts v. State of Indiana (mem. dec.)
Criminal. Affirms David Michael Walts’ sentence to 30 years for his conviction of attempted murder as a Level 1 felony. Finds Walts’ sentence is neither inappropriate nor an abuse of discretion.

Nicholas Martin v. State of Indiana (mem. dec.)
Criminal. Affirms Nicholas Martin’s conviction of Level 6 felony strangulation. Finds sufficient evidence supports Martin’s conviction.

James A. Pequignot, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of James Pequignot, Jr.’s probation and order that he serve the remainder of his previously suspended two-year sentence in the Department of Correction. Finds the trial court did not abuse its discretion.

In the Matter of the Termination of the Parent-Child Relationship of B.C., Mother, and Z.R. and J.R., Children, B.C. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of B.C.’s parental rights to Z.R. and J.R. Finds B.C. has not demonstrated the juvenile court’s decision was clearly erroneous.

In ther Matter of the Civil Commitment of K.E., K.E. v. Eskenazi Health/ Midtown Community Mental Health Center (mem. dec.)
Mental health. Affirms the grant of Eskenazi Health/Midtown Community Mental Health Center’s petition for K.E.’s involuntary temporary commitment. Finds the evidence was sufficient to show K.E. was dangerous to others.