Opinions March 7, 2019

March 7, 2019

Indiana Court of Appeals
Chaz Colin Kruger v. State of Indiana (mem. dec.)

Criminal. Affirms Chaz Kruger’s aggregate 12-year sentence for conviction of Level 4 felony burglary, Level 6 felony residential entry, Level 6 felony attempted residential entry, and Class A misdemeanor theft. Finds the Tippecanoe Superior Court did not abuse its discretion in sentencing Kruger. Finds his sentence is not inappropriate in light of the nature of his offense and his character.

In the Matter of the Termination of the Parent-Child Relationship of S.P. and J.P. (Minor Children) and S.P (Father) and R.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of mother R.S. and father S.P.’s parental rights to their minor children S.P. and J.P. Finds the termination was supported by clear and convincing evidence. Also finds that parents waived their right to have the termination of parental rights hearing concluded within the mandated timeframe.

Zachary Sondgeroth v. State of Indiana (mem. dec.)
Criminal. Affirms Zachary Sondgeroth’s conviction of Level 3 felony armed robbery, Level 3 felony conspiracy to commit armed robbery, Class A misdemeanor carrying a handgun without a license, and Class A misdemeanor theft. Finds the Tippecanoe Superior Court did not erroneously allow show-up identification evidence and prior bad act evidence to be admitted at trial.

In RE the Adoption of A.G. & Ju.G. A.R. v. M.G. & Je.G. (mem. dec.)
Adoption. Affirms the Madison Circuit Court’s grant of M.G. and Je.G.’s petition to adopt A.R.’s two sons. Finds dispensing with A.R.’s consent to the adoption was in the best interests of the children.

Tracy Perry v. State of Indiana (mem. dec.)
Criminal. Reverses Tracy Perry’s conviction of Class B misdemeanor criminal mischief, finding Perry’s double jeopardy protection was violated as he was also convicted of Class A misdemeanor battery under the same facts. Remands for further proceedings.

Jerry E. Jones v. State of Indiana (mem. dec.)
Criminal. Affirms the Bartholomew Circuit Court’s order that Jerry Jones serve his previously suspended four-year sentence. Finds the trial court did not abuse its discretion in ordering the revocation of Jones’ probation.

Robin W. Walker v. State of Indiana (mem. dec.)
Criminal. Affirms Robin Walker’s conviction of Level 6 felony operating a vehicle while intoxicated with prior conviction. Finds the Tippecanoe Circuit Court did not abuse its discretion when it admitted into evidence Walker’s toxicology results from a blood draw.

In the Custody of: T.G. (Minor Child) and by J.D. (Father) v. M.G. and D.G., and Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Reverses and remands the Allen Superior Court’s order modifying custody of child T.G. to maternal grandparents M.G. and D.G. Finds the trial court abused its discretion in concluding that grandparents were the de facto custodians of T.G. Finds grandparents lacked standing and could not be awarded custody. Thus, remands to the trial court to reopen the child in need of services action and reinstate the Department of Child Services’ wardship over T.G.