Opinions March 26, 2019

Keywords Opinions

Indiana Court of Appeals
B.D. v. Indiana University Health Bloomington Hospital

18A-MH-2672
Mental health. Affirms the Monroe Circuit Court’s order temporarily committing B.D. to Indiana University Health Bloomington Hospital for no more than 90 days. Finds the trial court’s order finding B.D. was a danger to herself and authorizing IU Health to medicate her was supported by clear and convincing evidence.

Micah G. Hayes v. State of Indiana (mem. dec.)
18A-CR-1833
Criminal. Affirms Micha Hayes’ 30-year sentence for conviction of Level 2 felony dealing in methamphetamine. Finds the Elkhart Circuit Court did not abuse its discretion in admitting the evidence of the methamphetamine recovered through the search of Hayes’ vehicle. Finds that there was sufficient evidence beyond a reasonable doubt to sustain Hayes’ conviction. Concludes his sentence is not inappropriate in light of the nature of the offense and his character.

In re the Termination of the Parent-Child Relationship of Sh.R., Si.R., D.A., and F.R. (Minor Children) and A.P. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-2221
Juvenile termination. Affirms the termination of A.P.’s parental rights to her four children. Finds sufficient evidence supported the Monroe Circuit Court’s conclusion that continuation of the parent-child relationship posed a threat to the well-being of the children and that termination of A.P.’s parental rights is in their best interest. Finds the trial court’s decision terminating A.P.’s parental rights was not clearly erroneous.

In the Matter of the Guardianship of Jennie K. Moore, Adult; Earl L. Moore v. Nancy J. Pruitt (Guardian) (mem. dec.)
18A-GU-2804
Guardianship. Reverses and remands the Jasper Circuit Court’s denial of Earl Moore’s motion to transfer venue of the guardianship of Jennie K. Moore from Jasper County to Boone County. Finds the trial court abused its discretion in declining to transfer venue.

Carrie Bennett v. Frederick Bennett (mem. dec.)
18A-DR-1550
Domestic relation. Affirms the Hamilton Superior Court’s order restricting Carrie Bennett’s parenting time with her 17-year-old child, C.B., to supervised parenting time during reunification therapy. Finds evidence supports that C.B.’s emotional health is endangered by continued unsupervised parenting time with Mother.

Zachary Wilson v. State of Indiana (mem. dec.)
18A-CR-2337
Criminal. Affirms Zachary Wilson’s conviction of Class B misdemeanor possession of marijuana. Finds there is sufficient evidence to support the conviction, but remands with instructions to amend a probation condition deemed improper.

Willie E. Taylor, Jr. v. George Fields, et al. (mem. dec.)
18A-CT-2268
Civil tort. Affirms the Lake Superior Court’s dismissal of Willie Taylor’s complaint that information contained in a police report, probable cause affidavit, and charging information against him was fabricated. Finds the trial court did not err by dismissing Taylor’s action because he failed to comply with Indiana Tort Claim Act notice requirements. Finds his claim is barred by the statute of limitations.

Michael Johnson v. State of Indiana (mem. dec.)
49A02-1708-PC-1995
Post conviction. Affirms the Marion Superior Court’s denial of Michael Johnson’s petition for post-conviction relief. Finds Johnson has not met his burden to show that the post-conviction court clearly erred in determining that he failed to demonstrate that he received ineffective assistance of trial counsel.

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