Opinions June 7, 2018

June 7, 2018

Indiana Court of Appeals
Steven Davenport v. State of Indiana (mem. dec.)

Criminal. Affirms the trial court’s order requiring Steven Davenport, who pleaded guilty to child solicitation, to serve the remainder of his suspended sentence in the Department of Correction for violating probation. The trial court did not abuse its discretion in finding he violated probation on three occasions and was given multiple chances to no avail.

Devon Evans v. State of Indiana (mem. dec.)
Criminal. Affirms Devon Evans’ conviction of Level 6 felony invasion of privacy with a prior conviction. The evidence was sufficient to affirm the conviction.

Daryl Newman v. State of Indiana (mem. dec.)
Criminal. Affirms Daryl Newman’s conviction of Level 2 felony burglary. The court did not err when in allowing him to waive counsel and represent himself.  

Greg E. Griffin v. State of Indiana (mem. dec.)
Criminal. Reverses Greg Griffin’s conviction of unlawful possession of a syringe as a Level 5 felony. Remands for resentencing within the Level 6 felony range. Affirms his convictions of Class B misdemeanor counts of possession of marijuana and possession of a device or substance used to interfere with a drug or alcohol screening test, and Class C misdemeanor possession of paraphernalia. The trial court did not abuse its discretion by denying Griffin’s motion for a mistrial or by instructing the jury on joint possession. However, it was improper to elevate Griffin’s conviction of Unlawful Possession of a Syringe.

In the Matter of the Termination of the Parent-Child Relationship of M.N. (Child) and S.N. (Mother); v. The Indiana Department of Child Services (mem. dec.)
Juvenile Termination of Parental Rights. Affirms the termination of parental rights of S.N. (mother) from her child. Finds that S.N. posed a threat to the child’s well-being and termination was in Child’s best interests.

Shane Vanlandingham v. Sherry Vanlandingham (mem. dec.)
Domestic Relation. Affirms in part and reverses in part. Shane Vanlandingham is not entitled to a refund of $426 in legal fees as a discovery sanction. Affirms a provisional spousal maintenance order to which Shane agreed.
Reversed entitlement to refund of the attorney’s fees paid as a discovery sanction or to partial relief from the provisional order. Affirms award of incapacity maintenance to Sherry Vanlandingham, a finding not clearly against the logic and effect of the facts and circumstances. Finds the property settlement award deviated from equal division of marital assets without making requisite findings. Remands with instructions.

Timothy Rush v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy Rush’s 30-month sentence for conviction of operating a motor vehicle after forfeiture of license for life, finding the sentence is not inappropriate.