Opinions July 23, 2018

July 23, 2018

Indiana Court of Appeals
Melodie Liddle v. Cameron F. Clark, in his official capacity as Director of the Indiana Department of Natural Resources, et al.

Miscellaneous. Affirms the Marion Superior Court’s summary judgment rulings limiting the calculation of damages and denial of Melodie Liddle’s request for declaratory judgment.

Robert Carr III v. State of Indiana
Criminal. Affirms Robert Carr III’s convictions of Level 3 felony criminal confinement while armed with a deadly weapon, Level 5 felony battery resulting in serious bodily injury and Level 6 felony escape. Affirms the Marion Superior Court’s admission of a prior statement given to police by the victim judged unavailable for trial. Finds Carr forfeited his Sixth Amendment right to confrontation regarding the prior statement due to his own wrongdoing. Finds the statement was admissible under the hearsay exception to the Indiana Rules of Evidence permitting the admission of a prior statement where the defendant wrongfully caused the declarant’s unavailability for trial.

Thomas Avery v. Laura Mae Avery (mem. dec.)
Domestic relation. Reverses the St. Joseph Circuit Court’s order for Thomas Avery to pay $500 a month to Laura Mae Avery after she alleged financial distress and requested a provisional order for temporary spousal maintenance during their dissolution of marriage. Finds the trial court abused its discretion in the order. Judge Robert Altice dissents with a separate opinion.

Lionel Gibson v. State of Indiana (mem. dec.)
Criminal. Affirms the Lake Superior Court’s denial of Lionel Gibson’s motion for relief under Trial Rule 72 when he argued the trial court denied his petition for post-conviction relief without addressing the issues of his illegal sentence. Finds the trial court did not err or abuse its discretion.

In re the Adoption of B.L., S.L., and R.L. Ri.L. and R.O. v. C.M. and B.M. (mem. dec.)
Adoption. Affirms the Miami Circuit Court’s grant of the adoptive parents’ petition for adoption over the objection of biological parents Ri.L. and R.O. Finds the Appellants’ consents to the adoption of their three minor children were not required.