Opinions Oct. 12, 2018

Keywords Opinions

Indiana Court of Appeals
J.S. v. State of Indiana

18A-JV-1049
Juvenile. Affirms the placement of J.S. in the Indiana Department of Correction following his admission to delinquent acts that would have amounted to Level 6 felony receiving stolen auto parts, Class A misdemeanor dangerous possession of a firearm and Class A misdemeanor theft if committed by an adult. Finds the Marion Superior Court did not abuse its discretion. 

Greg McCauley v. State of Indiana (mem. dec.)
18A-CR-663
Criminal. Affirms Greg McCauley’s four-year sentence for his conviction of Level 5 felony dealing in a narcotic drug. Finds the Hancock Circuit Court did not abuse its discretion in sentencing McCauley. Also finds the sentence is not inappropriate in light of the nature of the offense and McCauley’s character.

In the Matter of the Termination of the Parent-Child Relationship of K.K.M., Minor Child, and K.M., Mother v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
18A-JT-760
Juvenile termination of parental rights. Affirms the involuntary termination of K.M.’s parental rights to her child K.K.M. Finds the Marion Superior Court did not err in terminating her parental rights. 

In the Matter of: V.R. v. State of Indiana (mem. dec.) 
18A-JV-693
Juvenile. Affirms V.R.’s adjudication as a delinquent for committing acts that would constitute fraud as a Level 6 felony if committed by an adult. Finds there is sufficient evidence to sustain V.R.'s adjudication. 

Marquel Wattley v. State of Indiana (mem. dec.)
18A-CR-651
Criminal. Affirms Marquel Wattley’s aggregate 12-year sentence for his convictions of Level 4 felony arson, Level 6 felony resisting law enforcement resulting in bodily injury to an officer and Class A misdemeanor resisting law enforcement by fleeing. Finds Wattley’s sentence is not inappropriate in light of the nature of his offense and his character. Also finds the Allen Superior Court’s abuse of its discretion in failing to enter a sentencing statement is harmless error.

Rachelle (Purcell) LaMonde v. Gary Purcell (mem. dec.)
34A02-1711-DC-2534
Domestic relations with children. Affirms and reverses in part the Howard Superior Court’s order denying Rachelle (Purcell) LaMonde’s petition to modify custody. Finds Rachelle cannot demonstrate that the trial court erred with respect to its calculations of Gary Purcell’s retirement accounts and healthcare expenses, or in its decision not to conduct an in camera interview of child, E.P. Also finds the trial court’s calculation with respect to Gary’s rental income was prima facie error. Finally, finds the trial court failed to articulate how modifying Rachelle’s parenting time with respect to Al.P. and Am.P. would serve the children’s best interests. Remands for the trial court make necessary findings concerning Rachelle’s parenting time, to consider her request for make-up time and to enter an appropriate order. 

DeKalb County Airport Authority v. DeKalb County Board of Zoning Appeals, Speedway Sand & Gravel, Inc., Jeffrey Bauman, Custer Farms, Inc., and Ed Schneider (mem. dec.)
18A-PL-48
Civil plenary. Affirms the DeKalb Superior Court’s entry of summary judgment in favor of the DeKalb County Board of Zoning Appeals, Speedway Sand & Gravel, Inc., Jeffrey Bauman and Custer Farms, Inc. on the DeKalb County Airport Authority’s petition for judicial review challenging a special exception granted by the board. Finds the trial court did not err when it found and concluded the airport lacked standing under Indiana Code Section 36-7-4-1603 to challenge the special exception. Judge Margret Robb concurs and dissents in part with separate opinion. 

In the Matter of: Aa.P., T.B., Aj.B., K.B., At.P., and Az.B., Children Alleged to be in Need of Services; S.B. (Mother) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
18A-JC-1168
Juvenile CHINS. Affirms the adjudication of S.B.’s six minor children as children in need of services. Finds the Marion Superior Court did not err.

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