Opinions March 29, 2018

March 29, 2018

Indiana Court of Appeals
Daniel J. Glasgow v. State of Indiana

Criminal. Affirms Daniel Glasgow’s conviction of Level 6 felony unlawful possession of a syringe. Finds the Lawrence Superior Court properly admitted the syringe into evidence.

Commissioner, Indiana Department of Insurance v. Alvin C. Putman
Miscellaneous. Reverses the reversal of the Indiana Department of Insurance’s decision to revoke Alvin C. Putman’s bail agent license. Finds the Marion Superior Court erred in entering the reversal. Judge Patricia Riley dissents with separate opinion.
In Re: The Marriage of Eric Johnson v. Janet Johnson (mem. dec.)
Domestic relation. Affirms and reverses in part the even split of Eric Johnson’s 401(k) between Eric and Janet Johnson and the order for Eric Johnson to pay Janet Johnson 10 percent of a parent PLUS loan. Finds the Porter Superior Court did not err in the division of assets and debts. Also finds the trial court erred by making Janet Johnson’s obligation to pay her portion of the loan contingent on an action being filed against Eric Johnson to collect on the loan. Remands.

Duke Energy Indiana, LLC v. J & J Development Company, LLC (mem. dec.)
Civil plenary. Reverses the grant of partial summary judgment in favor of J&J Development Company, LLC. Dismisses J&J’s cross appeal without prejudice. Finds the Clark Circuit Court did not apply the correct legal standard for summary judgment. Remands for further proceedings.

Dinah Downey v. State of Indiana (mem. dec.)
Criminal. Affirms Dinah Downey’s 12-year sentence for her convictions of Level 3 felony dealing in a narcotic drug and Level 5 felony dealing in a Schedule IV controlled substance. Finds Downey has not demonstrated her sentence is inappropriate.

James L. Cantrell, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms James L. Cantrell’s aggregate 16-year sentence for his convictions of dealing in methamphetamine and dealing in a narcotic drug, both as Level 3 felonies. Finds the Bartholomew Circuit Court did not abuse its sentencing discretion.

Michael J. Huffman v. State of Indiana (mem. dec.)
Criminal. Affirms Michael J. Huffman’s aggregate 28-year sentence for his convictions of Level 4 and Level 5 felony dealing in a narcotic drug and his habitual offender sentencing enhancement. Finds Huffman’s sentence is not inappropriate.
In the Termination of the Parent-Child Relationship of: J.A. (Minor Child) And S.G.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of S.G.P.’s parental rights to J.A. Finds the evidence is sufficient to support the termination order.

Shawn Phillips v. State of Indiana (mem. dec.)
Criminal. Affirms Shawn Phillips’ conviction for Class A misdemeanor domestic battery by bodily waste. Finds there was sufficient evidence to support Phillips’ conviction.
In the Matter of: L.G., C.G., A.G., and V.G. (Minor Children Alleged to be in Need of Services) M.G. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the determination that M.G.’s four children are children in need of services. Finds the Madison Circuit Court did not err.

In Re: The Mental Health Commitment of: P.S. v. Good Samaritan Center, LCSW (mem. dec.)
Mental health. Affirms P.S.’s involuntary commitment based on the finding that she was mentally ill and dangerous to herself and others. Finds the Martin Circuit Court’s judgment was supported by evidence.

In the Termination of the Parent-Child Relationship of: M.R. (Minor Child) and M.R. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of father M.R., Sr.’s parental rights to his minor child, M.R., Jr. Finds the Department of Child Services presented clear and convincing evidence to support the termination of M.R., Sr.’s parental rights.

Indiana Commissioner of Labor ex rel. Wendell H. Estelle v. CVS Indiana, LLC (mem. dec.)
Civil plenary. Affirms the denial of Wendell Estelle’s motion to correct error following the dismissal of his complaint for damages. Finds Estelle has waived appellate review of the denial of his motion to correct error.

Christine Jarrett v. Christopher Jarrett (mem. dec.)
Domestic relation. Affirms the denial of Christine Jarrett’s motion to correct error after the dissolution of her marriage to Christopher Jarrett. Finds the Marion Superior Court did not abuse its discretion when it denied Christine Jarrett’s request for spousal maintenance and attorney fees.