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Opinions April 17, 2018

April 17, 2018

Indiana Court of Appeals
City of Gary Police Civil Service Commission v. Raymond Robinson
45A05-1706-PL-1414
Civil plenary. Affirms the denial of the City of Gary Police Civil Service Commission’s motion to dismiss Raymond Robinson’s petition for judicial review and the trial court’s admission of evidence on summary judgment. Reverses the entry of summary judgment for Robinson. Finds the Lake Superior Court did not err when it denied the motion to dismiss. Also finds the commission did not preserve for appellate review its claim that the trial court considered inadmissible evidence on summary judgment. Finally, finds the trial court erred in entering summary judgment for Robinson. Remands for further proceedings.

In the Matter of: J.R. and M.R., Children in Need of Services, D.R. (Mother) and M.R. (Father) v. Indiana Department of Child Services
80A02-1704-JC-806
Juvenile CHINS. Reverses the determination that J.R. and M.R. are children in need of services. Finds the juvenile court erred in denying D.R. and M.R.’s motion to dismiss the CHINS petitions filed by the Indiana Department of Child Services because the factfinding hearing was not completed within the statutorily-required 60-day period after the filing of the CHINS petitions. Remands with instructions to dismiss the CHINS petitions without prejudice.

Family Christian World, Inc. d/b/a Family Christian Center, Stephan “Steve” Munsey, Melodye J. Munsey, and Darryl Anthony Smith v. Vicki Olds
45A04-1709-CT-2091
Civil tort. Affirms the denial of Family Christian Center, Stephen Munsey and Melodye Munsey’s motion to dismiss Vicki Olds’ complaint seeking damages for the alleged wrongful death of her daughter, Dominique “Nikki” Olds. Finds FCC and the Munseys have not sustained their burden to show Nikki was an employee. Also finds the evidence supports the Lake Superior Court’s conclusion that Nikki was an independent contractor. Finally, finds the trial court did not err in denying the motion to dismiss for lack of subject matter jurisdiction.

Osiel Marroquin v. State of Indiana (mem. dec.)
87A01-1709-CR-2192
Criminal. Affirms Osiel Marroquin’s 10-year executed sentence. Finds Marroquin’s sentence is not inappropriate.
 
Donald Bunger v. Jason A. Brooks, M.D. (mem. dec.)
45A05-1709-CT-2165
Civil tort. Affirms the judgment in favor of Jason A. Brooks, M.D. on Donald Bunger’s malpractice action. Finds the Lake Superior Court properly granted Brooks’ motion for judgment on the evidence.
 
Lisa Banks v. State of Indiana (mem. dec.)
49A02-1709-CR-2101
Criminal. Affirms Lisa Banks’ convictions of Class A misdemeanor operating a vehicle while intoxicated and Class B misdemeanor leaving the scene of an accident. Finds the state presented sufficient evidence to support Banks’ convictions.

Joseph J.G. Fuernstein v. State of Indiana (mem. dec.)
15A04-1711-CR-2769
Criminal. Affirms Joseph J.G. Fuernstein’s three-year sentence following the revocation of his probation. Finds the Dearborn Circuit Court’s determination that Fuerstein serve three years in the Department of Correction with “substance abuse treatment” but without participating in Purposeful Incarceration is not clearly against the logic and effects of the facts and circumstances.

In Re: The Paternity of A.P., Sarah M. Perkins v. Brian L. Kuntz (mem. dec.)
15A01-1709-JP-2236
Juvenile paternity. Affirms and reverses in part the modification of Brian Kuntz’s child support for his minor child, A.P. Finds the Dearborn Circuit Court did not abuse its discretion by denying Sarah Perkins’ request for a reimbursement of what she claims was unused parenting-time credit. Also finds there is no basis in the record to support Perkins’ argument that the visitation credit granted to Kuntz was intended to punish her. Finally, finds the trial court should have included in its calculation of Kuntz’s arrearage for understated income from 2011 to 2016 a credit for Perkins’ prior-born child, and that credit should have been part of the calculation of Kuntz’s modified support obligation. Remands with instructions to recalculate Kuntz’s arrearage and modified support obligation taking into considering the parents’ respective legal duties to support prior-born children.
 
J.P. v. State of Indiana (mem. dec.)
02A03-1710-JV-2439
Juvenile. Affirms the order awarding wardship of J.P. to the Department of Correction. Finds the juvenile court did not abuse its discretion when it ordered that J.P. be committed to the DOC.

Porshea N. Gentry v. State of Indiana (mem. dec.)
18A-CR-21
Criminal. Affirms Porshea N. Gentry’s six-year aggregate sentence for her convictions of dealing in a narcotic drug as a Level 4 felony and two counts of dealing in cocaine as Level 5 felonies. Finds Gentry’s sentence is not inappropriate.

Brandon Stevenson v. State of Indiana (mem. dec.)
82A04-1712-CR-2867
Criminal. Affirms Brandon Stevenson’s conviction of Level 5 felony failure to register as a sex offender and his four-year sentence. Finds the Vanderburgh Circuit Court did not err in denying Stevenson’s request for a mistrial. Also finds Stevenson’s sentence is not inappropriate.

Brad S. Brown v. State of Indiana (mem. dec.)
90A04-1711-CR-2670
Criminal. Reverses the denial of Brad S. Brown’s petition for post-conviction relief. Finds the post-conviction court erred when it entered its order granting summary disposition on Oct. 13, because Brown’s response to the state’s motion for summary disposition was not due until Oct. 23. Remands for further proceedings.
 
Melissa Anderson v. State of Indiana (mem. dec.)
49A04-1710-CR-2222
Criminal. Affirms Melissa Anderson’s conviction of Level 6 felony theft. Finds the state presented sufficient evidence to sustain a finding that Anderson had the intent to commit theft.

 

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