Opinions Oct. 17, 2017

Keywords Opinions

Indiana Court of Appeals
Timothy Allen v. State of Indiana

Criminal. Reverses the revocation of Timothy Allen’s probation and the imposition of the execution of his previously suspended 20-year sentence in the Department of Correction. Finds Allen did not waive his right to counsel at the fact-finding hearing on the petition to revoke his probation. Remands for a new fact-finding hearing.

Christopher A. Toth v. Julia Lynne Noblitt (mem. dec.)
Domestic relation. Affirms and reverses in part the Elkhart Superior Court’s order for Christopher A. Toth to pay a portion of his daughter’s post-secondary educational expenses and his former wife, Julia L. Noblitt’s, attorney fees and the denial of his motion to modify child support with respect to his disabled daughter, K.T.  Finds Toth has failed to establish the trial court’s apportionment of college expenses amounted to clear error, or that it abused its discretion in ordering him to pay the attorney fees. Also finds the trial court erroneously denied Toth’s modification motion. Finally, finds the trial court did not err in the admission of evidence. Remands for the trial court to reduce Toth’s weekly child support obligation to $226.

In Re: The Matter of: J.S.B. (1), J.S.B. (2), and J.B. (Minor Children), Children in Need of Services, and S.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of S.M.’s three children, J.S.B. (1), J.S.B. (2) and J.B., as children in need of services. Finds there is sufficient evidence to support the CHINS adjudication.

Leonard L. Petty v. State of Indiana (mem. dec.)
Criminal. Affirms Leonard Lajuan Petty’s convictions of criminal confinement as a Level 6 felony and criminal mischief as a Class B misdemeanor. Finds Petty’s convictions are supported by sufficient evidence.

Michael Sharp v. State of Indiana (mem. dec.)
Post-conviction. Affirms and reverses in part the denial of Michael Sharp’s petition for post-conviction relief. Vacates Sharp’s sentence to an aggregate of 40 years executed for his convictions of Class A felony and Class C felony child molesting. Finds the post-conviction court erred by rejecting Sharp’s claim of ineffective assistance of trial counsel regarding misstatements about the proper sentencing range. Also finds the post-conviction court did not err in determining Sharp’s ex post facto claim was not the subject of ineffective representation of trial or appellate counsel. Remands for a new sentencing hearing.

In re the Adoption of: E.L.I. (Minor Child), N.I. and R.I. v. P.R.H. (Natural Mother) and R.L.I. (Natural Father) (mem. dec.)
Adoption. Remands with instructions for the Clark Circuit Court to enter proper findings of fact and conclusions of law regarding N.I. and R.I.’s petition for adoption of their granddaughter, E.L.I. Finds the trial court’s findings of fact are insufficient.

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