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Jose Andrade v. City of Hammond and Hammond Board of Public Works and Safety
18A-MI-1199
Miscellaneous. Affirms the Lake Superior Court’s order affirming a decision made by the Hammond Board of Public Works and Safety that Jose Andrade restore a 1927 home he owns to a single-family dwelling. Finds the board did not exceed its statutory authority when it issued the order. Finds there is sufficient evidence to prove the home was intended as a single-family dwelling. Lastly, finds the city’s failure to comply with Andrade’s discovery request does not merit reversal.
Aaron E. Keaton v. State of Indiana (mem. dec.)
18A-CR-1256
Criminal. Affirms Aaron Keaton’s conviction of Level 6 felony theft. Finds there was sufficient evidence to support the conviction.
Jarron Fifer v. State of Indiana (mem. dec.)
18A-CR-1247
Criminal. Affirms Jarron Fifer’s conviction of Level 4 felony possession of a firearm by a serious violent felon. Finds there is sufficient evidence to sustain his conviction.
Helen L. Poynter v. State of Indiana (mem. dec.)
18A-CR-1463
Criminal. Affirms Helen L. Poynter’s conviction of four counts of Class A misdemeanor invasion of privacy for sending Christmas cards to her son, daughter-in-law, and two grandchildren in violation of a protective order that the family had obtained against her in Wisconsin. Finds there is sufficient evidence to prove she violated the Wisconsin protective order.
Harry C. Custer v. State of Indiana (mem. dec.)
18A-CR-1539
Criminal. Reverses and remands with instructions to vacate Harry Custer’s conviction of Class A misdemeanor resisting law enforcement. Finds his Class A misdemeanor and Level 6 felony conviction of resisting law enforcement constitutes double jeopardy.
In the Termination of the Parent-Child Relationship of: S.T., Ph.T., and C.T., Minor Children, W.J., Mother, and P.T., Father v. The Indiana Department of Child Services (mem. dec.)
18A-JT-910
Juvenile termination. Affirms the involuntary termination of mother W.J.’s parental rights to her children S.T., Ph.T., and C.T. as well as father P.T.’s termination of his parental rights to Ph.T. and C.T. Finds the terminations are supported by clear and convincing evidence.
Brent S. Potoski v. Nicole R. Stotts (mem. dec.)
18A-JP-1285
Juvenile paternity. Reverses the Jasper Circuit Court’s order of joint legal custody between parents Brent Potoski and Nicole Stotts, which awarded primary physical custody to Stotts. Remands to the trial court to issue a custody order granting mother and father equal parenting time and recalculate child support based on the new division of parenting time.
In the Termination of the Parent-Child Relationship of Z.K. (Minor Child) and C.M. v. Indiana Department of Child Services (mem. dec.)
18A-JT-979
Juvenile termination. Affirms the termination of C.M.’s parental rights to his child, Z.K. Finds there is sufficient evidence to support the termination of C.M.’s parental rights.
In re the Matter of K.J. and J.J., Minor Children, and J.J., Mother v. The Indiana Department of Child Services (mem. dec.)
18A-JC-699
CHINS. Affirms the Marion Superior Court’s determination that children K.J. and J.J. are children in need of services. Finds the trial court’s conclusion is not clearly erroneous and that there is sufficient evidence to support the CHINs determination.
Dennis R. Merritt, Jr. v. State of Indiana (mem. dec.)
22A04-1712-CR-2936
Criminal. Affirms the Floyd Superior Court’s denial of Dennis Merritt’s motion for credit time. Finds the trial court did not err by denying Merritt’s motion for credit time.
Alfred Stanley, et al. v. Dorothy Deverick (mem. dec.)
18A-CT-1354
Civil tort. Reverses and remands the Vigo Superior Court’s denial of Alfred Stanley’s request for summary judgment. Finds the Stanleys had no common-law duty to maintain the sidewalk and that a municipal ordinance related to sidewalk maintenance does not confer a private right of action. Remands for entry of judgment to be granted in favor of the Stanleys.
Amy K. Metz, as Mother and Next Friend of Kiara K. Metz, an incapacitated minor v. Saint Joseph Regional Medical Center-Plymouth Campus, Inc., et al. (mem. dec.)
18A-CT-325
Civil tort. Affirms the St. Joseph Circuit Court’s denial of Amy Metz’s complaint against the Saint Joseph Regional Medical Center-Plymouth Campus and additional medical providers. Finds the trial court properly determined that the Indiana Medical Malpractice Act governs Metz’s claims against the medical providers.
Daniel A. Greer v. State of Indiana (mem. dec.)
18A-CR-625
Criminal. Affirms Daniel Greer’s conviction of Level 5 felony child seduction. Finds the Gibson Superior Court did not improperly instruct the jury on uncharged offenses. Finds there is sufficient evidence to support the conviction and that the admission of testimony from other teenagers did not render a fair trial impossible.
Marques Holmes v. State of Indiana (mem. dec.)
18A-CR-1137
Criminal. Affirms Marques Holmes’ conviction of Level 2 felony dealing in methamphetamine and Level 6 felony resisting law enforcement. Finds the Elkhart Superior Court did not commit fundamental error.
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