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Opinions Nov. 30, 2017

November 30, 2017

Indiana Court of Appeals
D.J. v. State of Indiana

49A05-1704-JV-673
Juvenile. Affirms D.J.’s adjudication as a delinquent child for committing two counts of armed robbery, Level 3 felonies if committed by an adult. Reverses D.J.’s delinquent adjudication for committing two counts of criminal confinement, Level 3 felonies if committed by an adult. Finds there is sufficient evidence to support the juvenile court’s true findings that D.J. committed armed robbery. Also finds the juvenile court’s true findings of criminal confinement violate the Double Jeopardy Clause of the Indiana Constitution. Remands to the Marion Superior Court with instructions to vacate the true findings of criminal confinement.

Kristofer Polk v. State of Indiana
49A02-1703-CR-622
Criminal. Remands with instructions for the Marion Superior Court to impose probation fees on Kristofer Polk for his felony conviction and to hold an indigency hearing upon completion of Polk’s sentence. Finds that because the trial court placed Polk on probation for a felony conviction, it was statutorily required to impose probation fees, but the court did not do so. Also finds the trial court was required to hold an indigency hearing.

Joseph H. Harrison, Jr. v. Terry Royal Harrison
82A01-1611-DR-2699
Domestic relation. Affirms the trial court’s order determining Terry Royal Harrison’s interests in discretionary irrevocable family trusts were too speculative and remote to be included in the marital pot. Finds the Vanderburgh Superior Court did not abuse its discretion.

Robert Hamilton d/b/a Hamilton Logging and Hamilton Logging, Inc. v. Western World Insurance Company, LLC (mem. dec.)
60A01-1703-PL-625
Civil plenary. Affirms the denial of Robert Hamilton d/b/a Hamilton Logging and Hamilton, Logging, Inc.’s motion to correct error after the Owen Circuit Court granted summary judgment in favor of Western World Insurance Company, Inc. Finds the trial court properly concluded there are no genuine issues of material fact with regard to the date of an accident involving Timothy Pullen, the active coverage periods of the insurance policies, the identity of the named insured or Hamilton’s affirmative defenses.

Andrew Perez v. State of Indiana (mem. dec.)
49A02-1707-CR-1540
Criminal. Affirms Andrew Perez’s convictions of Level 6 felony resisting law enforcement and Class C misdemeanor reckless driving. Finds the evidence is sufficient to support Perez’s convictions.

In re the Termination of the Parent-Child Relationship of K.J. and E.L. (Minor Children), and K.I.J. (Mother) and E.L.L. (Father) v. Indiana Department of Child Services (mem. dec.)
75A03-1706-JT-1321
Juvenile termination of parental rights. Affirms the termination of K.I.J. and E.L.L.’s parental rights to their minor children, K.J. and E.L. Finds trial counsel’s joint representation of the parents was only a potential, not an actual, conflict of interest. Also finds there was ample, independent, clear and convincing evidence to support the Starke Circuit Court’s decision to terminate their parental rights to the children.

Mar'Quita D. Thomas v. State of Indiana (mem. dec.)
02A03-1706-CR-1359
Criminal. Affirms Mar’Quita D. Thomas’ convictions of attempted arson as a Level 4 felony and criminal mischief as a Class B misdemeanor and her sentence to an aggregate of six years, 180 days in the Indiana Department of Correction. Finds the evidence was sufficient to support Thomas’ convictions. Also finds it was not clearly against the logic and effect of the facts and circumstances for the Allen Superior Court to order Thomas to serve her sentence in the DOC. Finally, finds Thomas’ sentence was not inappropriate.

Everett Quinton v. Christie Cain and The Estate of Roger Cain (mem. dec.)
24A01-1706-CC-1271
Civil collection. Affirms the entry of judgment in favor of Christie Cain and the Estate of Roger Cain on their claim for breach of contract against Everett Quinton. Finds the evidence supports the Franklin Circuit Court’s findings that Quinton breached the contract, and the findings support the judgment in favor of Cain and the estate. Also finds the trial court’s damages determination in favor of Cain and the estate was within the scope of the evidence before it.

In the Termination of the Parent-Child Relationship of: E.C. and A.C. v. Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
49A05-1706-JT-1375
Juvenile termination of parental rights. Affirms the involuntary termination of A.C.’s parental rights to his son, E.C. Finds the Marion Superior Court did not clearly err in determining there was a reasonable probability that the conditions that resulted in E.C.’s removal and continued placement outside A.C.’s care will not be remedied or that termination is in E.C.’s best interest. Also finds the Department of Child Services has established a satisfactory plan for the care and treatment of E.C. following termination.

Matthew C. Foster v. State of Indiana (mem. dec.)
02A03-1703-CR-632
Criminal. Affirms Matthew Foster’s convictions of sexual misconduct with a minor as a Class B felony and a Class C felony and possession of child pornography as a Level 6 felony, and his sentence to an aggregate term of 14 years executed in the Indiana Department of Correction. Finds the evidence was sufficient to support Foster’s two convictions of sexual misconduct with a minor. Also finds the Allen Superior Court did not abuse its discretion in sentencing Foster. Finally, finds Foster’s sentence is not inappropriate.

Dantez Pitts v. State of Indiana (mem. dec.)
49A05-1706-CR-1294
Criminal. Affirms Dantez Pitts’ conviction of felony murder. Finds the Marion Superior Court did not commit fundamental error in instructing the jury on voluntary manslaughter. Also finds the trial court did not abuse its discretion in refusing to give Pitts’ tendered instruction on reckless homicide.

Eric Ramon Davilla-Castro v. State of Indiana (mem. dec.)
49A02-1706-CR-1292
Criminal. Affirms Eric Ramon Davilla-Castro’s conviction of Level 6 felony criminal recklessness. Finds the state presented sufficient evidence to support Davilla-Castro’s conviction.

David Windsor Lundy v. Carol Ann Lundy (mem. dec.)
82A05-1704-DR-786
Domestic relation. Affirms the distribution of David Windsor Lundy and Carol Ann Lundy’s marital estate. Finds the Vanderburgh Superior Court did not abuse its discretion when it deviated from the presumption of an equal division of property or in its valuation of various marital assets. Also finds the trial court did not commit reversible error.

Evan J. Hodge v. State of Indiana (mem. dec.)
45A03-1701-CR-111
Criminal. Affirms Evan Juantae Hodge’s convictions of felony murder and carrying a handgun without a license as a Level 5 felony, and his adjudication as a habitual offender. Finds the Lake Superior Court did not abuse its discretion when it admitted into evidence Martin Joshua II’s dying declaration and two police reports. Also finds the state presented sufficient evidence to support Hodge’s conviction for murder.

In re the Termination of the Parent-Child Relationship of: Ey.H. & Et.H. (Minor Children), and A.W. (Father) v. Indiana Department of Child Services (mem. dec.)
11A01-1705-JT-1122
Juvenile termination of parental rights. Affirms the termination of A.W.’s parental rights to his minor children, Et.H. and Ey.H. Finds the Department of Child Services proved Ey.H. was removed from A.W. for the requisite time period, that the conditions that resulted in the children’s removal will not be remedied and that termination of A.W.’s parental rights was in the children’s best interests.

Keith D. Williams v. State of Indiana (mem. dec.)
32A01-1707-CR-1589
Criminal. Affirms Keith D. Williams’ conviction of Level 6 felony intimidation. Finds the state presented sufficient evidence to convict Williams.

Jvon K. Sydnor v. State of Indiana (mem. dec.)
65A04-1704-CR-738
Criminal. Affirms Jvon Sydnor’s conviction of armed robbery as a Level 3 felony and his sentence to nine years executed in the Indiana Department of Correction. Find sufficient evidence was presented to support Sydnor’s conviction. Also finds the Posey Superior Court did not abuse its discretion at sentencing.

Nicole L. Brown v. Tammy S. Brown (mem. dec.)
77A01-1703-PL-676
Civil plenary. Affirms a verdict in favor of Tammy Brown in the amount of $75,000. Finds the jury performed its duty with the tools it was provided, and its decision was consistent with the evidence presented at trial.

 

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