Opinions Dec. 15, 2017

December 15, 2017

Indiana Court of Appeals
J.R. and C.R. v. S.P. and D.P

Domestic relations with children. Affirms the grant of S.P. and D.P.’s motion to dismiss a custody action in which C.R. and J.R. sought to obtain custody of A.P. 13 years after C.R. voluntarily relinquished right to A.P. and consented to A.P.’s adoption. Finds the Harrison Circuit Court did not err in granting the motion to dismiss.

In the Matter of the Commitment of P.B. v. Evansville State Hospital
Mental health. Reverses P.B.’s involuntary commitment to Evansville State Hospital. Finds the St. Joseph Superior Court’s order for P.B.’s regular involuntary commitment was not supported by sufficient evidence.

In Re the Termination of the Parent-Child Relationship of: M.R. and M.R.; J.S. and K.G. v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of K.P.’s parent-child relationship with Mas.R. and Mal.R. Finds there was sufficient evidence to support the Johnson Circuit Court’s decision to terminate the parent-child relationship.

Jaylen Bolden v. State of Indiana (mem. dec.)
Criminal. Affirms Jaylen Bolden’s sentence to 40 years, with 30 years executed and 10 years suspended to supervised probation, for his conviction of Level 1 felony rape. Finds Bolden failed to meet his burden of proving his sentence is inappropriate.

Jimmy D. Tanksley v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Jimmy Duane Tanksley’s direct placement in a community transition program and the imposition of the remainder of his sentence in the Department of Correction. Finds Tanksley was given a hearing that comported with due process. Also finds the Madison Circuit Court did not exceed its authority or abuse its discretion in revoking his direct placement in the CTP. Finally, finds Tanksley cannot establish a double jeopardy violation.

Jason Eichelberger v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Jason Eichelberger’s petition for post-conviction relief. Finds the post-conviction court did not err in denying the petition.

William Epperly v. State of Indiana (mem. dec.)
Criminal. Affirms William Epperly’s sentence to an aggregate of one year for his conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person and Class A misdemeanor leaving the scene of an accident with bodily injury. Finds the Howard Superior Court did not abuse its discretion because it was not required to articulate and balance aggravating and mitigating circumstances when imposing a sentence on a misdemeanor conviction. Also finds Epperly’s argument that the trial court abused its discretion by imposing consecutive sentences is without merit because the court imposed concurrent sentences. Finally, finds Epperly waived his argument that his sentence is inappropriate, and waiver notwithstanding, his sentence is not inappropriate.

Dennis Parrish v. Susan Parrish Purcell (mem. dec.)
Domestic relation. Affirms the Randolph Circuit Court’s interpretation of Dennis Parrish’s marital settlement agreement with Susan Parrish Purcell as requiring Parrish to divide with Purcell all proceeds from the parties’ wind farm lease agreement. Finds the trial court did not err in interpreting the unambiguous settlement provision concerning the wind farm contract according to its plain and ordinary meaning.

Dequan Rainous Estelle v. State of Indiana (mem. dec.)
Criminal. Affirms Dequan Rainous Estelle’s conviction of Level 3 felony aggravated battery. Finds the evidence was sufficient to sustain the jury’s determination that Estelle was the individual who shot Jason Barksdale.

Michael Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Williams’ convictions of felony murder and Level 3 felony robbery. Finds the evidence is sufficient to sustain Williams’ convictions.

David W. Erickson v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of David W. Erickson’s petition for post-conviction relief. Finds the post-conviction court did not err in denying Erickson’s request for post-conviction relief based on his claim of ineffective assistance of trial counsel.

Marion Williams v. Roosevelt Allen, Jr., Gerry J. Scheub, and Michael C. Repay, as Lake County Commissioners, and John Petalas as Lake County Treasurer (mem. dec.)
Civil plenary. Dismisses Marion Williams’ interlocutory appeal of the Lake Superior Court’s order granting Roosevelt Allen, Jr., Gerry J. Scheub, Michael C. Repay and John Petalas’ motion to take judicial notice. Finds the trial court’s order was neither a final judgment nor an appealable interlocutory order, so Williams has forfeited his right to appeal.