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Opinions Jan. 30, 2019

January 30, 2019
KEYWORDS Opinions

Indiana Court of Appeals
Robert Walker and Patricia Walker v. Megan (Buckner) Knight; Robert Walker and Patricia Walker v. Ashley Erin Carpenter

18A-MI-1768
Miscellaneous. Reverses the summary judgment orders entered in Hamilton Superior Court in favor of Megan Knight and Ashley Carpenter on Robert and Patricia Walker’s petition for grandparent visitation with C.W. and J.W. Finds the parties’ agreement to wait until stepfather’s adoptions were finalized before discussing grandparent visitation matters to be clear, unambiguous and fully understood by all parties. Remands for further proceedings on the petitions for grandparent visitation.

Terrence Wayne Roach v. State of Indiana
18A-CR-1767
Criminal. Affirms Terrence Roach’s conviction in Vanderburgh Superior Court of Level 6 felony abuse of a corpse. Finds Roach failed to establish that fundamental error occurred when the trial court admitted his confession into evidence. Further finds that because there is independent DNA evidence of confinement, Roach’s confession to abuse of a corpse was admissible without independent evidence of that crime.

In the Matter of M.W. (Minor Child), A Child in Need of Services, and T.A. (Mother) v. Indiana Department of Child Services
18A-JC-1534
Juvenile CHINS. Reverses the Marion Superior Court’s adjudication of M.W. as a child in need of services. Finds there is insufficient evidence to support the adjudication and that the trial court erred in finding M.W. a CHINS.

C.B. v. L.B. (mem. dec.)
18A-DC-1547
Dissolution of marriage with child. Affirms in part, reverses in part. Finds the Hendricks Superior Court did not abuse its discretion in denying C.B.’s request for spousal maintenance and requiring him to pay $250 of L.B.’s attorney fees as a sanction for a discovery violation. Finds the trial court erred in reducing L.B.’s $50 child support obligation to $0 on the grounds that she will be paying all controlled expenses. Remands with instructions to enter a new child support order.

In the Termination of the Parent-Child Relationships of: X.S., A.S., L.S., and Ar.S. (Minor Children) and M.S. (Mother) and A.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1915
Juvenile termination. Affirms the termination of M.S. and A.S.’s parental rights to their minor children X.S., A.S., L.S., and Ar.S. Finds the Tippecanoe Superior Court’s conclusions that there was a reasonable probability that the conditions resulting in removal would not be remedied and that termination was in children’s best interests were not clearly erroneous.

Jakob Duncan v. State of Indiana (mem. dec.)
18A-CR-1568
Criminal. Affirms Jakob Duncan’s convictions in White Superior Court of Level 1 and Level 4 felony counts of child molesting. Finds there is sufficient evidence to support the Level 1 felony conviction. Also finds statements the victim made to her mother were not improperly admitted under the “excited utterance” exception to the rule against hearsay.

In the Matter of the Termination of the Parent-Child Relationship of K.B.: J.B. v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1509
Juvenile termination. Affirms the termination of J.B.’s parent-child relationship with K.B. Finds there is sufficient evidence in White Superior Court to support the termination of the parent-child relationship.

In the Matter of the Termination of the Parent-Child Relationship of Ay.H., Ar.H., and C.B. (Minor Children); S.B. (Father) and R.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1119
Juvenile termination. Affirms the termination of R.H. and S.B.’s parental-child relationship to their child, C.B. Also affirms the termination of R.H.’s parental-child relationship to Ay.H. and Ar.H. Finds the Monroe Circuit Court did not abuse its discretion in denying S.B.’s motion to continue the termination hearing. Finds there is sufficient evidence to support the terminations.

Vincent L. Thompson v. State of Indiana (mem. dec.)
18A-CR-1733
Criminal. Affirms Vincent Thompson’s 2½-year sentence for conviction of Level 6 felony intimidation. Finds there was no material variance between the evidence presented at trial in Elkhart Superior Court and the state’s information. Finds Thompson’s sentence is not inappropriate in light of the nature of the offense and his character.

Michael W. Wise, Sr. v. State of Indiana (mem. dec.)
29A02-1710-CR-2385
Criminal. Affirms the Hamilton Superior Court’s denial of Michael Wise’s petition for additional earned credit time. Finds Wise makes no cogent argument and has failed to cite to any relevant case law. Concludes he waived his appellate review of the issue.

Cristhian J. Garcia v. State of Indiana (mem. dec.)
18A-CR-1895
Criminal. Affirms Cristhian Garcia’s conviction of murder and Level 1 felony attempted murder. Finds there is sufficient evidence to support Garcia’s convictions in Hendricks Superior Court.

Rita White v. State of Indiana (mem. dec.)
18A-CR-343
Criminal. Affirms Rita White’s 50-year sentence in Switzerland Circuit Court for conviction of Class A felony child molesting and Class B felony incest. Finds White’s sentence is not inappropriate light of the nature of the offense of her character. Given the trial court’s oral remarks at sentencing and the weight of the remaining aggravating factors, confidence in the sentence is not diminished by exclusion of two challenged aggravators. Also finds White’s decision to represent herself was knowingly and voluntarily made.

Horacio Lopez v. State of Indiana (mem. dec.)
18A-CR-786
Criminal. Affirms the Elkhart Circuit Court’s denial of Horacio Lopez’s motion to modify his sentence, imposed pursuant to a fixed sentence plea agreement. Finds the trial court did not abuse its discretion in denying Lopez’s motion for sentence modification.

 

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