Opinions March 6, 2018

March 6, 2018

The following Indiana Court of Appeals opinion was posted after IL deadline Monday:
CTB, Inc. and CTB, Inc. d/b/a CTB Logistics v. Justin Tunis and Nichole Tunis

Civil tort. Reverses the denial of CTB, Inc.’s motion to transfer a case brought by Justin and Nicole Tunis to Kosciusko County. Finds a corporation’s “principal office” for purposes of Indiana Trial Rule 75(A)(4) is its “registered office” under Indiana’s corporation law, so CTB’s principal office is in Kosciusko County. Remands for further proceedings.

Tuesday opinions
Indiana Court of Appeals
Russell Goodman v. Stephanie Goodman

Domestic relation. Affirms the order dissolving Russell and Stephanie Goodman’s marriage. Finds the Sullivan Circuit Court did not abuse its discretion in dividing the marital estate, awarding custody of K.G. to Stephanie Goodman and calculating Russell Goodman’s child support obligation, or in granting attorney fees to Stephanie Goodman.

Travis Dean Fentress v. State of Indiana (mem. dec.)
Criminal. Affirms Travis Dean Fentress’ convictions of murder and attempted murder and his habitual offender determination. Finds the Harrison Superior Court did not commit fundamental error in instructing the jury. Also finds Fentress’ prior convictions support the determination that he was a habitual offender pursuant to Indiana Code section 35-50-2-8. Finally, finds the trial court erroneously entered a separate 10-year sentence for the habitual offender finding to be served consecutive to Fentress’ sentences for murder and attempted murder. Remands with instructions for the trial court to attach Fentress’ habitual offender enhancement to either his sentence for murder or his sentence for attempted murder.

In the Matter of Z.J.W. (Minor Child): L.S. v. The Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the Madison Circuit Court’s order declaring L.S.’s guardianship order had been dismissed and that a child in need of services court was the proper court for future litigation regarding parallel guardianship and termination of parental rights actions. Finds L.S. has not shown the trial court, presiding over a CHINS matter, lacked jurisdiction. Also finds L.S. has not perfected an interlocutory appeal.

Willie L. Amos v. State of Indiana (mem. dec.)
Criminal. Affirms Willie L. Amos’ conviction of attempted murder as a Level 1 felony. Finds the evidence did not warrant a battery instruction, so the Allen Superior Court did not abuse its discretion by refusing the proffered instruction.

Vincent P. Wells, Sr. v. State of Indiana (mem. dec.)
Criminal. Affirms Vincent P. Well’s 12-year sentence for his conviction of domestic battery as a Level 5 felony. Finds Wells’ sentence is not inappropriate in light of the nature of the offense and his character.