Opinions Dec. 12, 2018

December 12, 2018

Indiana Court of Appeals 
Kelly Sickafoose v. Mary Beery, Auditor of Adams County

Miscellaneous. Affirms the denial of Kelly Sickafoose’s motion for rule to show cause why the Adams County auditor should not be held in contempt. Finds the Adams Superior Court did not err in the denial and that Sickafoose’s filings were frivolous. Also finds an award of appellate attorney’s fees is warranted. Remands to the trial court for a determination of the amount of appellate fees that should be awarded to the auditor. Judge Mark Bailey dissents with separate opinion. 

Jazzmen Bails v. State of Indiana (mem. dec.)
Criminal. Affirms Jazzmen Bails’ conviction for Class A misdemeanor battery resulting in bodily injury. Finds there is sufficient evidence to support the conviction and insufficient evidence to support Bails’ self-defense claim. 

Kenneth Robinson v. State of Indiana (mem. dec.)
Criminal. Affirms the Lake Superior Court’s denial of Kenneth Robinson’s motion to correct erroneous sentence. Finds Robinson waived his claim that his sentence violated state law because it was imposed without his lawyer present, and waiver notwithstanding, he acted as his own counsel and was therefore represented as required by statute. Also finds Robinson waived his claim to correct erroneous sentence. Judge Elaine Brown concurs in result without separate opinion. 

Bona Lou Press, et al. v. The Estate of Lorien Cress, The Estate of Halden Schueler, Kenneth Schueler, Marlene Schueler, and The 2016 Haspel Family Trust Dated July 15, 2016 (mem. dec.)
Miscellaneous. Affirms the Adams Circuit Court’s dismissal of Bona Lou Press, Guy S. Cress and Kimsey C. Cress’ action contesting the validity of Lorien Cress’ will. Finds the trial court did not err in dismissing the appellants’ action and that their reliance on the Journey’s Account Statute is misplaced.

Sean M. Adair v. Tiffany Martin (mem. dec.)
Juvenile paternity. Affirms the Floyd Circuit court’s dismissal of Sean Adair’s petition to establish paternity. Finds Adair failed to advance his arguments with cogent reasoning or citations to relevant authority and the record.

Daniel Enterprises, L.P., et al. v. City of Portage, Indiana (mem. dec.)
Civil plenary. Affirms the Porter Superior Court’s order of condemnation in favor of the city of Portage, appropriating footage from a parcel of commercial property owned by Daniel Enterprises, L.P. and leased by Heartland Midwest, LLC. Finds the trial court did not clearly err in overruling Daniel’s objections to the appropriation. 

Joshua Wyatt v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Wyatt’s conviction of Level 6 felony invasion of privacy and his 2 ½ year sentence. Finds there is sufficient evidence to sustain his conviction. Finds the sentence is not inappropriate in light of the nature of the offense and character of Wyatt. 

Ashlee Parsley v. State of Indiana (mem. dec.)
Criminal. Affirms Ashlee Parsley’s convictions for false passing of a lottery ticket, theft, five counts of money laundering and perjury. Finds there is sufficient evidence to support her convictions. 

Baris L. Joyner v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Baris Joyner’s probation. Finds there is sufficient evidence for the revocation. Declines to remands for reconsideration of Joyner’s sanction.  

Elmer Dean Baker v. State of Indiana (mem. dec.)
Post-conviction. Affirms the DeKalb Superior Court’s denial of Elmer Baker’s petition for post-conviction relief. Finds Baker failed to establish that he received ineffective assistance of appellate counsel.