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Opinions May 9, 2018

May 9, 2018

Indiana Court of Appeals
Jerold W. Leatherman v. State of Indiana

47A04-1711-CR-2711
Criminal. Affirms Jerold Leatherman’s conviction of Class C misdemeanor possession of paraphernalia. Reverses Leatherman’s conviction of Level 6 felony maintaining a common nuisance. Finds the state provided sufficient evidence to support Leatherman’s Class C misdemeanor conviction but failed to provide sufficient evidence that the vehicle Leatherman drove had been used on multiple occasions for the delivery of a controlled substance, an essential element of the crime of maintaining a common nuisance.

Amber Cosgray v. French Lick Resort & Casino d/b/a Blue Sky Casino, LLC
59A01-1710-CT-2512
Civil tort. Affirms the grant of French Lick Resort & Casino’s motion for summary judgment. Finds French Lick Resort did not owe Amber Cosgray a duty as a matter of law to protect her from a criminal attack by an assailant while on the premises.

 

John Charles Prenderville v. State of Indiana (mem. dec.)45A04-1712-CR-2838Criminal. Affirms John Charles Prenderville’s one-year sentence for his conviction of Class A misdemeanor battery. Finds the Lake Superior Court did not abuse its discretion by failing to award Prenderville 255 days of pretrial credit time spent on electronic monitoring. Also finds Prenderville’s sentence is not inappropriate in light of the nature of the offense and his character.

 

S.B. v. K.F. (mem. dec.)
17A-PO-3043
Protective order. Affirms the issuance of a protective order on behalf of K.F. against S.B. Finds the Porter Superior Court’s issuance of the order was not clearly erroneous.
 
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: M.S., Je.S., and Ja.S. (Minor Children) and C.I. (Mother) v. The Indiana Department of Child Services (mem. dec.)
32A01-1711-JT-2582
Juvenile termination of parental rights. Affirms the termination of C.I.’s parental rights to M.S., Je.S. and Ja.S. Finds the Indiana Department of Child Services provided sufficient evidence to support the termination of C.I.’s parental rights.

N.M. v. State of Indiana (mem. dec.)
49A05-1711-JV-2539
Juvenile. Reverses N.M.’s adjudications as a delinquent child for offenses that would be Level 6 felony receiving stolen auto parts, Level 6 felony theft and Class A misdemeanor criminal trespass if committed by an adult. Finds the evidence was insufficient to support the Marion Superior Court’s entry of true findings against N.M. Remands with instructions to vacate the true findings.
 
In Re the Matter of: M.G., Child in Need of Services K.H. (Mother) v. Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
49A04-1711-JC-2657
Juvenile CHINS. Affirms M.G.’s adjudication as a child in need of services. The evidence sufficiently supports the Marion Superior Court’s findings, and those findings support the court’s CHINS determination.

Bruce K. Pond v. State of Indiana (mem. dec.)
90A02-1709-PC-2226
Post-conviction. Affirms the denial of Bruce Pond’s petition for post-conviction relief. Finds the post-conviction court properly denied Pond’s PCR petition.

Andrew Kliman v. Mutual Wealth Management Group, Trustee; Marjorie L. Kliman; Christine E. Kliman; and Carol L. Kliman (mem. dec.)
54A01-1710-TR-2272
Trust. Affirms the denial of Andrew Kliman’s petition to compel trust distributions from the Stephen H. Kliman Irrevocable Trust. Declines to award appellate attorney fees to the trust. Finds the Montgomery Superior Court did not err when it approved the trustee’s accounting, or in rejecting Kliman’s numerous requests to compel the distribution of funds from the trust’s principal, when it concluded Kliman’s petition to compel trust distributions was frivolous, unreasonable or groundless.

P.R.M. v. State of Indiana (mem. dec.)
32A04-1710-JV-2301
Juvenile. Reverses P.R.M.’s adjudication as a delinquent after the finding that he committed an act that would be dealing in a controlled substance if committed by an adult. Finds the evidence is insufficient to support the adjudication. Remands with instructions to vacate the adjudication.

Kevin Jackson v. State of Indiana (mem. dec.)
49A05-1709-CR-2003
Criminal. Affirms the revocation of Kevin Jackson’s probation and the order for him to serve the remainder of his previously suspended sentence. Finds the Marion Superior Court did not abuse its discretion.

Lonnell Brisbon v. State of Indiana (mem. dec.)
49A02-1711-CR-2707
Criminal. Affirms Lonnell Brisbon’s convictions of Level 1 counts of child molesting and attempted child molesting. Finds the state proved Brisbon was at least 21 years old when he committed the offenses.

 

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