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Opinions July 16, 2018

July 16, 2018

Indiana Court of Appeals
Jermaine Jackson v. State of Indiana 

49A02-1712-CR-2899
Criminal. Affirms Jermaine Jackson’s conviction for Level 1 felony attempted murder, three counts of Level 6 felony criminal recklessness and Class A misdemeanor carrying a handgun without a license. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence of his prior bad acts. Also finds the admission of evidence did not prejudice Jackson’s substantial rights. 

Richard Frye v. Sarah (Frye) Mosby (mem. dec.) 
49A05-1711-DR-2671
Domestic relation. Reverses and remands the Marion Superior Court’s grant of guardianship of Richard and Sarah Mosby’s adult son, Nathaniel Frye, in favor of Mosby. Finds the trial court committed reversible error because Nathaniel’s interests were not adequately represented during the guardianship proceedings. Remands with instructions for the trial court to have Joseph Shikany, a guardian ad litem, or other qualified GAL appointed by the trial court to investigate and file their report with the trial court and to hold a hearing.

In re the Termination of the Parent-Child Relationship of M.A. (Minor Child) and F.R. (Father), F.R. (Father) v. Indiana Department of Child Services (mem. dec.)  
18A-JT-459
Juvenile termination of parental rights. Affirms the Vanderburgh Superior Court’s termination of F.R.’s parental rights to his minor son. Finds the trial court did not abuse its discretion in denying F.R.’s motion to continue the termination hearing in order to allow his federal criminal case to be resolved. 

Eric Musselman v. Anonymous Physician, et al. (mem. dec.) 
18A-PL-440
Civil plenary. Affirms the Allen Superior Court’s grant of summary judgment to three anonymous health care providers. Finds that Eric Musselman’s two-year period to bring a claim of medical malpractice began in 2013, so because he filed in 2017, the action was untimely. Also finds the court did not abuse its discretion by denying Musselman’s motion to correct error. 

Andy Godsey v. State of Indiana (mem. dec.) 
17A-CR-3026
Criminal. Affirms the Vigo Superior Court’s revocation of Andy Godsey’s home detention. Finds the trial court did not abuse its discretion when it revoked Godsey’s placement in home detention and ordered him to serve the remainder of his sentence on work release. 

Jeremy Fletchall v. State of Indiana (mem. dec.) 
34A02-1712-CR-2976
Criminal. Affirms the Howard Superior Court’s revocation of Jeremy Fletchall’s probation and the imposition of his previously suspended sentences. Finds the trial court did not abuse its discretion. 

Robert Ryan Fleming v. State of Indiana (mem. dec.) 
09A05-1712-CR-2813
Criminal. Affirms Robert Ryan Fleming’s conviction for Level 5 felony battery resulting in bodily injury to a public safety officer and his adjudication as a habitual offender. Finds Fleming did not demonstrate his entitlement to a mistrial. Also F=finds there was sufficient evidence to support the conviction. 

Otto Sutton v. State of Indiana (mem. dec.) 
49A02-1712-CR-2916
Criminal. Affirms in part, reverses in part, and remands Otto Sutton’s drug convictions and 25-year sentence, with five years suspended to probation. Finds the pat-down search of Sutton at the time of his arrest was a reasonable Terry frisk, the jury instructions did not rise to the level of fundamental error, and there was sufficient evidence that Sutton was a habitual offender. Also finds the Marion Superior Court erred when it merged the counts of possession with the counts of dealing without vacating the formal judgments of conviction. 

In the Termination of the Parent-Child Relationship of: J.B. and P.C. (Minor Children), an J.B. (Mother) and B.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-349
Juvenile termination of parental rights. Affirms the Vigo Circuit Court’s termination of J.B. and B.C.’s parental rights to their two minor children, P.C. and J.R.B.. Finds the Department of Child Services presented clear and convincing evidence to support the trial court’s order terminating the parents’ rights to their children.

In the Matter of L.C.: C.J. (Mother) v. Indiana Department of Child Services (mem. dec.) 
18A-JC-313
Juvenile CHINS. Reverses the Bartholomew Circuit Court’s determination that C.J.’s child, L.C., is a child in need of services. Finds the Department of Child Services failed to prove by a preponderance of the evidence that Mother’s actions or inactions seriously endangered her child, that the child’s needs were ever unmet, or that the child’s needs would not be met in the future without the coercive intervention of the state.

William Clyde Gibson v. State of Indiana (mem. dec.) 
22A01-1711-PC-2528
Post-conviction. Affirms the Floyd Superior Court’s denial of William Clyde Gibson’s petition for post-conviction relief. Finds the trial court did not err in denying Gibson’s petition for relief. 

John Guajardo v. State of Indiana (mem. dec.) 
54A01-1711-CR-2749
Criminal. Affirms John Guajardo’s conviction for two counts of Level 6 felony battery by an adult against a child and his sentence to an aggregate of 5 years in the Indiana Department of Correction. Finds there was sufficient evidence to support the convictions. Also finds Guajardo’s sentence is not inappropriate considering the nature of his offenses or character. 

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