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Opinions Jan. 11, 2019

January 11, 2019
KEYWORDS Opinions

Indiana Court of Appeals 
RCM Phoenix Partners, LLC v. 2007 East Meadows, LP

18A-PL-1355
Civil Plenary. Affirms the Marion Superior Court’s denial of RCM Phoenix Partners’ slander of title claim against 2007 East Meadows, LP. Phoenix sued for slander of title to the apartment property it was trying to sell after Meadows filed a lis pendens notice. Finds that although Meadows did not raise the argument of privilege at the trial court, it was not barred from making that argument on appeal because it was seeking to affirm the trial court’s judgment. Also finds Meadows’ properly filed lis pendens notice was “absolutely privileged’ and Meadows cannot be held liable for slander of title.  

D.G. v. W.M., et al.
18A-MI-2115
Miscellaneous. Affirms the denial of mother D.G.’s motion to terminate an order that her four children engage in monthly visitation with their paternal grandparents and the finding that D.G. is in contempt of court. Finds the DeKalb Circuit Court’s order denying D.G.’s petition to terminate grandparent visitation was not an abuse of discretion. Also finds the trial court did not abuse its discretion in finding D.G. in contempt of court, ordering her incarceration and ordering her to pay $14,000 of the grandparents’ attorney’s fees as a sanction. 

In Re the Termination of the Parent-Child Relationship of: B.M., R.M., and K.M., Jr. (Minor Children) and T.M. (Mother) and K.M., Sr. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1503
Juvenile termination of parental rights. Affirms the Vanderburgh Superior Court’s termination of T.M. and K.M., Sr.’s parental rights to B.M., R.M. and K.M., Jr. Finds there is sufficient evidence to support the termination. 

Dave Davies v. State of Indiana (mem. dec.)
18A-CR-1098
Criminal. Affirms Dave Davies conviction for Class A misdemeanor dissemination of a matter harmful to minors. Finds there is sufficient evidence to support the conviction. 

Larry Dale Bundy, Jr. v. State of Indiana (mem. dec.)
18A-CR-19
Criminal. Affirms Larry Dale Bundy, Jr.’s convictions of Level 5 felony criminal confinement, one count of Level 6 felony strangulation, Level 6 felony domestic battery and Level 6 felony intimidation. Reverses and remands his conviction for a separate count Level 6 felony strangulation pursuant to the continuous crime doctrine. Finds any error in the exclusion of Bundy’s late-disclosed witness was harmless. Also finds the evidence is sufficient to sustain his conviction for criminal confinement. 

Timothy Dale Alford v. State of Indiana (mem. dec.)
18A-CR-1152
Criminal. Affirms Timothy Alford’s conviction of Level 1 felony child molesting, his admission to being a habitual offender and his 45-year sentence. Finds there was sufficient evidence to support Alford’s conviction. Also finds Alford’s sentence is not inappropriate.  

Aaron M. Graves v. State of Indiana (mem. dec.)
18A-CR-1937
Criminal. Affirms Aaron Graves’ aggregate 10-year sentence, with four years suspended and one year of probation, for his convictions of obstruction of justice, leaving the scene of an accident and operating a vehicle while intoxicated with a prior conviction and the finding that he is a habitual vehicular substance offender. Finds the Allen Superior Court did not abuse its discretion in sentencing, nor is the sentence inappropriate. Also finds Graves’ sentence is proportional to the nature and gravity of his crime and the previous crimes upon which the enhancement is based.

Ismael Campos-Martinez v. State of Indiana (mem. dec.)
18A-CR-1724
Criminal. Affirms Ismael Campos-Martinez’s conviction for Level 6 felony domestic battery. Finds the Cass Superior Court did not abuse its discretion in admitting testimony pursuant to the excited utterance exception to the rule against hearsay.

In the Matter of the Termination of the Parent-Child Relationship of F.N. (Minor Child) and S.D. (Mother) and A.L. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1880
Juvenile termination of parental rights. Affirms the termination of S.D.’s parental rights to F.N., who is a child in need of services. Finds S.D. failed to participate in home-based and domestic-violence services, attend visitation and F.N.’s medical appointments, and maintain contact with the Department of Child Services. Also finds the Allen Superior Court’s termination of S.D.’s parental rights was not clearly erroneous. 

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