Opinions Jan. 29, 2018

January 29, 2018

Indiana Court of Appeals
Christopher Richardson v. Det. Arturo Azcona, Jr., Gary Police Department, and City of Gary, Indiana (mem. dec.)

Civil tort. Affirms the motion to dismiss filed by Detective Arturo Azcona, Jr., Gary Police Department and the City of Gary. Finds any error by the Lake Superior Court in naming its order one of dismissal rather than of summary judgment was harmless as the trial court treated the motion as one of summary judgment. Also finds Christopher Richardson’s due process and liberty claims are unripe. Finally, finds Richardson’s false imprisonment claim is time-barred, and he presented no issue of material fact to overcome that bar.

Richard Devon Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Richard Devon Smith’s 10½-year sentence for his convictions of Level 3 felony armed robbery and Level 6 felony battery. Finds Smith’s sentence is not inappropriate.

In re the Termination of the Parent-Child Relationship of L.N.R. (minor child) and A.R. (Mother), A.R. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of A.R.’s parental rights to her son, L.N.R. Finds the Fayette Circuit Court did not clearly err in concluding there was a reasonable probability that the conditions that resulted in L.N.R.’s removal from A.R.’s care and his continued placement outside the home would not be remedied. Also finds the trial court did not err in concluding termination was in the best interests of the child.