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Opinions April 27, 2017

April 27, 2018

Indiana Supreme Court
Douglas Kirby v. State of Indiana

18S-CR-79
Criminal. Affirms the denial of Douglas Kirby’s petition for post-conviction relief, but does not reach the merits of Kirby’s ex-post facto claim. Finds Indiana’s post-conviction rules do not let Kirby bring his ex post facto claim in a post-conviction proceeding because Kirby is challenging a collateral consequence instead of his conviction or sentence. Also finds the post-conviction rules do not bar Kirby from pursuing his claim in a declaratory judgment action.

Indiana Court of Appeals
Scribbles, LLC, Pittsboro Christian Church, d/b/a Scribbles Ministry of Pittsboro Christian Church, Christeen Michael, and Debbie Spurlock v. Camden "Jax" Wedgewood, et al.

49A04-1706-CT-1434
Civil tort. Reverses the denial of Scribbles, LLC, Scribbles Ministry of Pittsboro Christian Church, Christine Michael and Debbie Spurlock’s motion to transfer venue to Hendricks County in a negligence action filed against them in Marion County. Finds the Marion Superior Court erred in denying the motion because Hendricks County is a preferred venue and Marion County is not. Remands with instructions to grant the motion and transfer to case to Hendricks County.

Antwaun Darez Baker v. State of Indiana (mem. dec.)
49A02-1608-PC-1882
Post-conviction. Affirms the denial of Antwaun Darez Baker’s petition for post-conviction relief. Finds Baker failed to meet his burden of showing the post-conviction court erred by denying relief on his allegation of ineffective assistance of counsel.

Andrew Keith Delagrange v. State of Indiana (mem. dec.)
35A02-1712-CR-2957
Criminal. Affirms Andrew Keith Delagrange’s 12-year sentence for his conviction of Level 4 felony dealing in a narcotic drug and two counts of Level 5 felony dealing in a narcotic drug. Finds Delagrange has not met his burden to demonstrate his sentence is inappropriate.

Darrell Birge v. Barton W. Maxwell, Jr., and Maxwell Farm Drainage, Inc. (mem. dec.)
54A01-1709-PL-2298
Civil plenary. Affirms the grant of summary judgment in favor of Barton W. Maxwell, Jr. and Maxwell Farm Drainage, Inc. on Darrell Birge’s defamation claim. Finds the Montgomery Circuit Court did not err.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.S.M. (Minor Child) and A.M.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
22A01-1710-JT-2550
Juvenile termination of parental rights. Affirms the involuntary termination of A.M.M.’s parental rights to her minor child, A.S.M. Finds the Floyd Circuit Court did not err.

Nathaniel Hopkins v. State of Indiana (mem. dec.)
49A04-1709-CR-2052
Criminal. Affirms the imposition of probation fees, costs and fines against Nathaniel Hopkins after he pleaded guilty to Class A misdemeanor operating a vehicle while intoxicated. Finds the Marion Superior Court did not abuse its discretion. Remands with instructions for the trial court to hold an indigency hearing at some point before the completion of Hopkins’ sentence.

In re the Matter of E.E. (Minor Child) and C.E. (Father) v. Indiana Department of Child Services (mem.dec.)
49A04-1710-JC-2419
Juvenile CHINS. Affirms the adjudication of E.E. as a child in need of services. Finds the Department of Child Services established proper venue in Marion County. Also finds C.E.’s argument that he should have been dismissed from the CHINS proceedings is meritless.

John E. Gray, Jr. and Tammera M. Gray v. Wells Fargo Bank, NA (mem. dec.)
20A03-1612-MF-2885
Mortgage foreclosure. Affirms the denial of John E. Gray, Jr. and Tammera M. Gray’s motion to amend their counterclaim in a mortgage foreclosure proceeding and the grant of partial summary judgment on their original counterclaim in favor of Wells Fargo Bank, N.A. Finds the Elkhart Superior Court did not abuse its discretion when it denied the Grays’ motion to amend because the requested amendment was futile. Also finds the trial court did not err in granting summary judgment because there were no genuine issues of material fact.

In the Matter of the Termination of the Parent-Child Relationship of O.B.; A.B. (Mother) v. The Indiana Department of Child Services (mem. dec.)
48A02-1709-JT-2306
Juvenile termination of parental rights. Affirms the termination of A.B.’s parent-child relationship with O.B. Finds there is sufficient evidence to support the Madison Circuit Court’s decision.

In re the Termination of the Parent-Child Relationship of Z.G. (Minor Child) and R.H. (Mother) and K.G. (Father) v. Indiana Department of Child Services (mem. dec.)
02A03-1710-JT-2358
Juvenile termination of parental rights. Affirms the termination of R.H. and K.G.’s parental rights to their minor child, Z.G. Finds the Allen Superior Court did not clearly err.

Kenneth R. Kranz v. State of Indiana (mem. dec.)
29A02-1703-CR-631
Criminal. Affirms Kenneth R. Kranz’s aggregate 100-year sentence for his conviction of two counts of Class A felony child molesting and two counts of Class C felony child molesting. Finds the Hamilton Superior Court provided a sufficient oral sentencing statement and did not abuse its discretion when it found a victim’s young age a proper aggravating circumstance.

 

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