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Opinions May 11, 2018

May 11, 2018

Indiana Court of Appeals
State of Indiana v. Beth A. Neff

18A02-1708-IF-1933
Infraction. Reverses the entry of judgment in favor of Beth A. Neff and against her removal from office as Yorktown clerk-treasurer. Affirms the denial of Neff’s motion to dismiss. Finds the Delaware Circuit Court erred when it determined Neff’s removal was not warranted under the Indiana Constitution and Removal Statute because Neff neglected to properly reconcile the town’s financial records for 48 consecutive months. Also finds the trial court did not abuse its discretion when it denied Neff’s motion to dismiss. Remands.

Raquan Charles McKinstry v. State of Indiana (mem. dec.)
50A03-1711-CR-2689
Criminal. Affirms Raquan Charles McKinstry’s conviction of Level 3 felony armed robbery and his nine-year executed sentence. Finds the Marshall Superior Court did not abuse its discretion in the admission of evidence. Also finds McKinstry’s sentence is not inappropriate.
 
Mario L. Sims v. Emily Taylor (mem. dec.)
71A03-1708-CT-2026
Civil tort. Affirms the grant of summary judgment to Emily Taylor on Mario L. Sims’ defamation per se claim and the denial of Sims’ motion for change of judge. Finds the St. Joseph Superior Court did not err when it granted summary judgment to Taylor. Also finds the trial court did not abuse its discretion in denying the motion for change of judge. Finally, finds the trial court did not abuse its discretion when it awarded attorney fees to Taylor’s counsel, but did err in the amount it awarded. Remands with instructions to amend the order to reflect the proper amount of attorney fees awarded is $4,375.50.
 
In the Matter of the Civil Commitment of: D.W. v. Indiana University Health Methodist (mem. dec.)
49A02-1710-MH-2343
Mental health. Affirms the order for D.W.’s regular commitment. Finds the evidence supports the Marion Superior Court’s determination that D.W. is gravely disabled and its order of involuntary commitment.

In re the Involuntary Termination of the Parent-Child Relationship of N.L. (Minor Child), and J.F. (Father) v. The Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
49A05-1712-JT-2759
Juvenile termination of parental rights. Affirms the termination of J.L.’s parental rights to his child, N.L. Finds the Marion Superior Court did not clearly err.

Tasima M. Collyear-Bell v. Dennis T. Bell (mem. dec.)
49A05-1709-DR-2076
Domestic relation. Affirms the modification of primary physical custody of J.C.B. to her father, Dennis T. Bell. Reverses the trial court’s child support calculation. Finds the Marion Superior Court did not abuse its discretion by granting Bell’s motion to modify physical custody. Also finds the trial court should have granted mother Tasima M. Collyear-Bell’s motion to reopen the evidence to submit documentary evidence of her actual gross weekly income. Remands for further proceedings.

Duane Lamar Herron v. State of Indiana (mem. dec.)
71A03-1711-CR-2741
Criminal. Affirms Duane Lamar Herron’s conviction of Class B misdemeanor criminal mischief. Finds the record supports the conclusion that Herron knowingly and voluntarily waived his right of representation by counsel. Also finds sufficient evidence supports Herron’s conviction.

Michael Lee Sugars v. Heather Leanne Sugars (mem. dec.)
55A04-1707-DR-1691
Domestic relation. Affirms the equal division of the marital estate between Michael and Leanne Sugars. Reverses the valuation of the parties’ Volkswagen Beetle. Finds the Morgan Superior Court applied the presumption that an equal division of the marital estate was just and reasonable, and Michael did not rebut that presumption. Also finds the trial court abused its discretion when it assigned a $2,000 value to the Volkswagen Beetle. Remands to reduce the value of the vehicle to $1,372 and the adjust its distribution accordingly.

Stephen Keith Bolin, Jr. v. State of Indiana (mem. dec.)
79A05-1710-CR-2442
Criminal. Affirms Stephen Keith Bolin, Jr.’s Level 6 felony obstruction of justice conviction. Finds the state presented sufficient evidence of a probative nature from which a reasonable trier of fact could have determined beyond a reasonable doubt that Bolin committed obstruction of justice.

Edward L. Muse v. State of Indiana (mem. dec.)
71A04-1711-CR-2673
Criminal. Affirms Edward L. Muse’s conviction of Level 5 felony robbery. Finds the evidence presented to the jury was sufficient to sustain Muse’s conviction.

In re the Guardianship of: A.S.S. Glen Scisney v. Saleem Adams and Tamara Adams (mem. dec.)
49A02-1708-GU-1921
Guardianship. Affirms the order naming Saleem and Tamara Adams as the guardians of A.S.S. Finds the Marion Superior Court did not abuse its discretion.

In re the Guardianship of: A.E.S. Glen Scisney v. Saleem Adams and Tamara Adams (mem. dec.)
49A04-1708-GU-1923
Guardianship. Affirms the order naming Saleem and Tamara Adams as the guardians of A.E.S. Finds the Marion Superior Court did not abuse its discretion.

 

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