Opinions Aug. 8, 2018

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Indiana Supreme Court
In the Matter of Charles R. Huston

18S-DI-258
Disciplinary. Finds Charles Huston in contempt for practicing law while suspended and extends his suspension to a minimum of two years without automatic reinstatement. Orders Huston to pay a fine and orders him to serve 15 days in prison if the fine is not timely paid.

In the Matter of Marcus E. Ellison
71S00-1704-DI-187
Disciplinary. Finds Marcus Ellison in contempt for practicing law while suspended and extends his suspension to a minimum of one year without automatic reinstatement. Orders Ellison to pay a fine and orders him to serve 15 days in prison if the fine is not timely paid.

Indiana Court of Appeals
Jessica D. Grimes v. Tia L. Houser
49A02-1711-MI-2695
Miscellaneous. Affirms the Marion Superior Court’s dismissal of Jessica Grimes petition for visitation with her stepchild S.G. after grimes filed in a different court. Finds the original dissolution court has exclusive and continuing jurisdiction.

D.M. v. State of Indiana
49A02-1711-JV-2708
Juvenile. Affirms the determination that D.M. is a juvenile delinquent. Finds that under the particular facts of this case, the juvenile court’s failure to specifically ask D.M. if he wanted to make a statement was not a blatant violation of basic principles, did not pose a potential of substantial harm and did not deprive D.M. of fundamental due process.

Lisa M. El v. Nationstar Mortgage LLC
18A-MF-338
Mortgage foreclosure. Affirms the Marion Superior Court’s denial of Lisa El’s motion requesting a second settlement conference. Finds the trial court did not abuse its discretion in its denial.

David Freeman v. State of Indiana (mem. dec.)
49A02-1710-CR-2297
Criminal. Affirms David Freeman’s conviction of Level 5 felony child solicitation, Level 5 felony conspiracy to commit child exploitation, and Level 6 felony dissemination of material harmful to minors. Finds there was sufficient evidence to support the convictions.

Antonio T. Collier v. State of Indiana (mem. dec.)
49A02-1710-PC-2325
Post-conviction relief. Affirms the denial of Antonio Collier’s petition for post-conviction relief. Finds Collier has not met his burden on appeal, concluding the trial court did not err when it denied his petition.

In the Matter of the Termination of the Parent-Child Relationship of W.M., Legal Father, and K.M., Minor Child, W.M. v. Indiana Department of Child Services (mem. dec.)
18A-JT-167
Juvenile termination. Affirms the Howard Circuit Court’s termination of W.M.’s parental rights to his minor child K.M. Finds the trial court did not abuse its discretion when it denied W.M.’s request for a continuance.

Ryan Vandeventer v. State of Indiana (mem. dec.)
18A-CR-445
Criminal. Affirms Ryan Vandeventer’s 14-year sentence for Level 3 felony aggravated battery. Finds Vandeventer’s sentence is not inappropriate in light of the nature of the offense and his character.  

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