Opinions July 17, 2018

Keywords Opinions

Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of: T.H. (Minor Child), and B.H. (Father) and D.A. (Mother) v. Indiana Department of Child Services (mem. dec.)

Juvenile termination of parental rights. Affirms the Tippecanoe Superior Court’s termination of B.H. and D.A.’s parental rights. Finds the Indiana Department of Child Services presented sufficient evidence to support the termination of parental rights. 

Keith A. Hoglund v. Robert E. Carter, Jr., Commissioner of the Indiana Department of Correction (mem. dec.) 
Small claims. Affirms the LaPorte Superior Court’s denial of Keith Hoglund’s claim in replevin. Finds the small claims court did not err in its denial. 

Charles A. McMichael, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Charles McMichael’s convictions for Level 4 felony burglary, Level 6 felony kidnapping, Level 6 felony residential entry, three counts of Class A misdemeanor invasion of privacy, Class A misdemeanor domestic battery and a habitual offender enhancement. Finds the Lake Superior Court did not commit fundamental error in admitting testimony regarding credibility of the victim’s police statement. 

Anonymous N.P. v. Anonymous Physician (mem. dec.)
Miscellaneous. Reverses the Bartholomew Superior Court’s grant of summary judgment to Anonymous Physician, finding the court erred in granting the motion because Physician failed to negate an element of the medical malpractice claim. Remands for further proceedings. Judge Elaine Brown dissents with separate opinion. 

Jarvice Sears v. State of Indiana (mem. dec.)
Criminal. Affirms Jarvice Sears’ convictions of one count of Level 1 felony burglary, Level 2 felony attempted robbery and four counts of Level 3 felony attempted robbery. Reverses Sears’ convictions for one count of  Level 1 felony burglary and two counts of Level 3 felony aggravated battery. Finds Sears’ two convictions for Level 1 felony burglary violate double jeopardy prohibitions. Also finds that the same harm that formed the basis of Sears’ two aggravated battery convictions was used to enhance his burglary conviction to a Level 1 felony and his attempted robbery conviction to a Level 2 felony, which results in impermissible double jeopardy violations. Remands with instructions to vacate Sears’ convictions of burglary based on serious bodily injury to Logan Orth and aggravated battery and to resentence him. 

Mylon S. Betts v. State of Indiana (mem. dec.) ​​​​​​​
Criminal. Affirms one of Mylon Betts’ convictions of nonsupport of a dependent child. Reverses Betts’ second conviction of nonsupport of a dependent child and his five-year sentence, with three years served and two years suspended to probation, imposed for his first conviction. Finds there is sufficient evidence to support Betts’ convictions, but one of the convictions must be vacated under the continuing-crime doctrine. Also finds Betts’ sentence is inappropriate in light of the nature of the offense and his character. Remands with instructions to vacate one of Betts’ convictions and sentence on Count II of nonsupport for a dependent and to revise his sentence on Count I to the advisory term of three years. 

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