Opinions Aug. 31, 2018

Keywords Opinions

Indiana Court of Appeals
Whitesell Precision Components, Inc. v. Autoform Tool & Manufacturing, LLC

18A-PL-848
Civil plenary. Affirms the Marion Superior Court’s refusal to dissolve a preliminary injunction compelling Whitesell Precision Components to provide automotive component parts to Autoform Tool & Manufacturing, LLC, pending resolution of the merits of litigation between the parties. Finds the trial court did not abuse its discretion in its refusal.

In the Matter of A.R. and H.R., Children in Need of Services, J.R., Father v. Indiana Department of Child Services
18A-JC-475
Juvenile CHINS. Reverses the adjudication of J.R.’s two children, A.R. and H.R., as children in need of services. Finds that under the facts of this case and pursuant to the Uniform Child Custody and Jurisdiction Act and case law precedent, the juvenile court was not without jurisdiction to permit the filing of the CHINS petition and conduct CHINS proceedings. Also finds the state did not prove by a preponderance of the evidence that A.R. and H.R. needed care or treatment that was unlikely to be provided or accepted without the juvenile court’s coercive intervention.
 
James Smalls v. State of Indiana (mem. dec.)
18A-CR-433
Criminal. Affirms James Smalls’ conviction of Level 3 felony criminal confinement and Level 5 felony intimidation.

Chase Edward Mourey, Jr. v. State of Indiana (mem. dec.)
18A-CR-328
Criminal. Affirms Chase Edward Mourey, Jr.’s conviction of Level 2 felony dealing meth, Class A misdemeanor driving while suspended and status as a habitual offender. Finds the Hamilton Circuit Court did not abuse its discretion by enhancing Mourey’s sentence to 20 years, while also finding that two of Mourey’s prior convictions supported a finding that he was a habitual offender. Finds the trial court’s comment during sentencing had no impact on the verdict and did not deny Mourey his right to present his defense.

Kraig Matthew Wyatt v. State of Indiana (mem. dec.)
18A-CR-358
Criminal. Affirms the Dearborn Circuit Court’s revocation of Kraig Wyatt’s probation. Finds the trial court did not abuse its discretion in its revocation.

Mark C. Morr v. State of Indiana (mem. dec.)
57A03-1710-CR-2436
Criminal. Affirms Mark Morr’s conviction of Level 2 felony dealing in meth, Level 5 felony dealing in marijuana and Level 6 felony maintaining a common nuisance. Vacates his convictions of Level 6 felony theft and status as a habitual offender. Finds there was insufficient evidence to overcome the presumption of the search warrant’s validity. Remands for resentencing.

David Newson v. State of Indiana (mem. dec.)
49A05-1708-PC-1785
Post-conviction relief. Affirms the Marion Superior Court’s denial of David Newson’s petition for post-conviction relief. Finds Newson’s trial counsel was not ineffective. Finds the post-conviction court did not fail to consider issues raised in his amended petition.

Fred Weisheit v. Triple J Plumbing LLC (mem. dec.)
33A01-1709-SC-2098
Small claims. Affirms judgment against Fred Weisheit in regard to his small claims case alleging Triple J Plumbing, LLC owed an outstanding balance to him for contract work they hired him to perform. Finds the judgment of the small claims court is not clearly erroneous.

Jessie Laudig v. State of Indiana (mem. dec.)
49A02-1712-CR-2857
Criminal. Reverses Jessie Laudig’s conviction of Level 5 felony failure to register as a sex or violent offender. Finds there is insufficient evidence to support the conviction.

Demarquis D. Rice v. State of Indiana (mem. dec.)
18A-CR-763
Criminal. Affirms Demarquis D. Rice’s conviction of Level 4 felony burglary and Class A misdemeanor resisting law enforcement. Finds there is sufficient evidence to support the Level 4 felony resisting law enforcement conviction.

Anthony Bedolla v. State of Indiana (mem. dec.)
49A02-1712-PC-3004
Post-conviction. Affirms the post-conviction court’s denial of Anthony Bedolla’s motion to attend deposition hearings to his case. Finds the post-conviction court did not abuse its discretion when it did not sanction a federal prisoner who refused to answer questions during a deposition without an attorney present.

In the Termination of the Parent-Child Relationship of: I.S. (Minor Child) and T.S. (Mother) v. Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
18A-JT-553
Juvenile termination. Affirms the Marion Superior Court’s termination of T.S.’s parental rights to her child, I.S. Finds the termination is not clearly erroneous.

Andrew C. Smith and Heather Smith v. Progressive Southeastern Insurance Co., and Scottsdale Insurance Company, and The Estate of Don R. Skelton, Rhonda Skelton, and James Skelton (mem. dec.)
18A-PL-340
Civil plenary. Affirms the Clay Superior Court’s order of summary judgment to Scottsdale Insurance Company. Finds the trial court did not err in granting summary judgment in favor of Scottsdale because the Smiths assert that Scottsdale did not carry its burden to prove that there are no material issues of fact as to whether the Scottsdale policy provided coverage to the Smiths. Finds the Scottsdale policy is not void as against public policy.

James E. Saylor v. State of Indiana (mem. dec.)
39A05-1712-CR-2921
Criminal. Affirms the Jefferson Circuit Court’s adjudication of James Saylor as a habitual offender. Finds the trial court properly denied Saylor’s motion to dismiss and his motion for a mistrial.

J.W. v. D.W. (mem. dec.)
18A-DR-245
Domestic relation. Affirms the Martin Circuit Court’s order addressing physical custody, legal custody, and parenting time between parents J.W. and D.W. for their child. Finds the trial court did not clearly err by granting D.W. primary physical custody and sole legal custody.

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