Opinions Sept. 6, 2018

Keywords Opinions

Indiana Court of Appeals
State of Indiana v. Matthew Stidham

Post-conviction. Reverses the Delaware Circuit Court’s decision to grant Matthew Stidham post-conviction relief. Finds that res judicata precludes Stidham’s claims for post-conviction relief. Also finds that that Stidham did not properly file a modification of his sentence pursuant to Ind. Code § 35-38-1-17(k) and that the post-conviction court lacked authority to modify the sentence. Judge Melissa May concurs with a separate opinion.

Jonathan Hummel v. State of Indiana
Post-conviction. Reverses the Starke Circuit Court’s revocation of its acceptance of an agreement made between Jonathan Hummel and the State of Indiana, which also called for dismissal of Hummel’s PCR petition. Rejects the state’s cross-appeal seeking dismissal of Hummel’s petition. Finds the special judge had authority to accept the agreement, therefore the state is bound by the terms of that agreement. Remands for the post-conviction court to re-enter its original order enforcing the parties’ agreement and dismissing Hummel’s PCR petition.

T.W. v. State of Indiana (mem. dec.)
Juvenile. Affirms T.W.’s conviction of Level 3 felony child molesting if committed by an adult. Finds the Clark Circuit Court did not abuse its discretion in prohibiting T.W. from having unsupervised contact with persons under 18 years of age.

Steven A. Redinbo v. Kristin L. Redinbo (mem. dec.)
Domestic relation with children. Affirms in part, reverses in part, remands. Finds the Morgan Superior Court abused its discretion in denying Steven Redinbo’s motion to correct error as related to the trial court’s decision to allow counsel to withdraw his appearance before the final hearing. Also finds Redinbo’s attorney Daniel Vandivier failed to provide him with notice of Vandivier’s intent to withdraw and failed to provide the trial court with a copy of Vandivier’s timely, written notice to Redinbo. Reverses the denial of Redinbo’s motion to correct error and remands for a new final hearing.

A.D. v. State of Indiana (mem. dec.)
Juvenile. Affirms A.D.’s conviction of Level 3 felony neglect of a dependent resulting in serious bodily injury if committed by an adult. Finds A.D. shook his newborn daughter and caused her extensive injuries. Finds the LaPorte Circuit Court did not abuse its discretion when it made A.D. a ward of the Indiana Department of Correction.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: D.K. (Minor Child), And M.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the Vanderburgh Superior Court’s termination of M.S.’s parental rights to her minor child, D.K. Finds that the Department of Child Services presented clear and convincing evidence to support the trial court’s order terminating M.S.’s parental rights to D.K.

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