Opinions July 6, 2018

July 6, 2018

Indiana Court of Appeals

In the Matter of: Eq.W., M.W., A.W., S.W., & Ez.W., V.B. (Mother) v. Indiana Department of Child Services
Juvenile CHINS. Affirms the Monroe Circuit Court’s adjudication of V.B.’s five minor children as children in need of services. Finds V.B. waived her res judicata argument. Also finds the evidence sufficient for the court’s decision. 

Corey Lamont Spurlock v. State of Indiana
Criminal. Affirms Corey Lamont Spurlock’s 65-year sentence for conviction of four counts of murder, two counts of Class B felony conspiracy to commit robbery and two counts of Class B felony robbery. Finds Spurlock has not met his burden of showing that the enhancement of his sentence was fundamental error. 

Travis Jovan Allen, Jr. v. State of Indiana (mem. dec.)
Criminal. Reverses the Marion Superior Court’s assessment of $100 in supplemental public defender fees to Travis Allen, Jr. Finds the trial court erred in failing to conduct a hearing determining Allen’s ability to pay part of the costs of his representation. Remands for a hearing consistent with the opinion. 

Penelope Stillwell and William Stillwell v. Eagle-Kirkpatrick Management Company, Inc., et al. v. Cohen & Malad, LLP (mem. dec.)
Civil tort. Affirms the judgment of the Marion Superior Court. Finds the trial court did not err in finding that an enforceable settlement agreement existed. Also finds the trial court did not abuse its discretion when it allowed Cohen & Malad to intervene. Finally, finds Penelope and William Stillwell failed to establish the trial court abused its discretion in awarding Cohen & Malad’s fees and expenses. 

Taylor D. Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Taylor Johnson’s conviction of Class B felony aggravated battery. Finds the evidence is sufficient to sustain the conviction. 

Alejandro Eligio Pascual v. State of Indiana (mem. dec.)
Criminal. Affirms Alejandro Pascual’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds sufficient evidence to support the conviction. 

Susan Tennant v. Peaks & Valleys, Inc., and Toni Staples (mem. dec.) ​​​​​​​
Civil collection. Affirms in part, reverses in part and remands for calculation and award of prejudgment interest. Finds the Whitley Circuit Court did not err in finding that Peaks & Valleys, Inc.’s noncompliance with the Home Improvement Contracts Act did not make their contract unenforceable and by denying Susan Tennant an award under the act. Also finds the trial court erred by denying P&V’s request for prejudgment interest.