Opinions April 5, 2018

April 5, 2018

Indiana Court of Appeals
Town of Brownsburg, Indiana, Town Council of Brownsburg, Indiana, and Jeanette M. Brickler v. Fight Against Brownsburg Annexation, et al.

Civil plenary. Affirms the entry of judgment against the Town of Brownsburg, the Brownsburg Town council and Jeanette M. Brickler and in favor of Fight Against Brownsburg Annexation. Finds the Hendricks Superior Court did not err in holding that Brownsburg failed to meet the “needed and can be used” requirement of Indiana Code section 36-4-3-13(c).

J.G. v. H.H., by next friends, J.S. and G.H. (mem. dec.)
Protective order. Reverses the protective order against J.G. for H.H. Finds the evidence was insufficient to support the Cass Circuit Court’s finding that stalking occurred, that J.G. represents a credible threat to H.H.’s safety or the safety of the members of his household, or that an order of protection was necessary to bring about a cessation of the violence or threat of violence.

Frank James v. State of Indiana (mem. dec.)
Criminal. Affirms Frank James’ conviction of Level 5 felony burglary and his adjudication as a habitual offender. Finds James made a knowing, voluntary and intelligent waiver of his right to counsel. Also finds the prosecutor did not commit misconduct when he asked two jurors during voir dire about what they thought about James representing himself.

Anthony J. Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony J. Williams’ conviction of dealing in cocaine as a Level 2 felony, neglect of a dependent as a Level 5 felony and visiting a common nuisance as a Class B misdemeanor. Reverses the “merger” of Williams’ sentences for the Level 2 felony and his conviction of Level 5 felony possession of cocaine. Finds the Howard Superior Court did not err in the admission of evidence, or in failing to sua sponte admonish the jury that certain evidence should be considered in a particular manner. Also finds any error in the trial court’s decision to exclude a prior inconsistent statement was harmless. Finally, finds the trial court erred when it merged Williams’ Level 5 felony cocaine conviction with his Level 2 felony conviction. Remands with instructions for the trial court to vacate Williams’ Level 5 felony cocaine conviction.  

Olga L. Perkins v. Robert E. Perkins (mem. dec.)
Domestic relation. Reverses the denial of Olga L. Perkins’ motion for attorney fees stemming from the dissolution of her marriage to Robert E. Perkins. Finds the Allen Superior Court erred by failing to consider the proper factors in determining whether Olga Perkins is entitled to an award of attorney fees. Remands with instructions for the trial court to consider the proper factors in assessing Olga’s claim for attorney fees.

Damien R. Fayson v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Damien R. Fayson’s pro se motion to correct erroneous sentence. Finds Fayson’s 60-year sentence was not erroneous on its face.

In the Matter of the Termination of the Parent-Child Relationship of A.P., Mother, and J.P., Minor Child, A.P. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of A.P.’s parental rights to her minor child, J.P. Finds the juvenile court did not clearly err in concluding there is a reasonable probability that the conditions that resulted in J.P.’s removal and continued placement outside the home will not be remedied.
Matthew E. Koch v. The Vanderburgh County Treasurer (mem. dec.)
Miscellaneous. Affirms the grant of summary judgment in favor of the Vanderburgh County treasurer on Matthew E. Koch’s petition to compel access to public records. Finds the Vanderburgh Superior Court properly granted summary judgment to the treasurer because the treasurer cannot produce records it does not possess.

David Scott v. State of Indiana (mem. dec.)
Criminal. Affirms David Scott’s 60-year aggregate sentence for his convictions of felony murder and level 3 felony aggravated battery. Finds the Marion Superior Court did not abuse its discretion in sentencing Scott. Also finds Scott’s sentence is not inappropriate.
Gregory Rader v. State of Indiana (mem. dec.)
Criminal. Affirms the Madison Circuit Court’s imposition of a sentence after Gregory Rader was found ineligible to participate in drug court. Finds the trial court did not violate the terms of the plea agreement by imposing a sentence after Rader became ineligible for drug court.