Opinions March 29, 2019

Keywords Opinions

Indiana Court of Appeals 
Cathy Jo Robertson v. State of Indiana ex rel. Curtis T. Hill, Jr., Attorney General of Indiana; Ronald Bloemer, Auto-Owners Insurance Company, and OneBeacon Insurance Company

18A-PL-1002
Civil plenary. Affirms the Jennings Superior Court’s denial of Cathy Jo Robertson’s Indiana Trial Rule 12(B)(6) motion to dismiss a complaint to recover public funds filed by the Office of the Indiana Attorney General. Finds the two-year statute of limitations did not begin to run until after the OAG received the final, verified report of the Indiana State Board of Accounts. Also finds the OAG’s complaint was filed within two years of receiving the final report, so, the claim was timely filed, and the trial court did not err in its denial of Robertson’s motion to dismiss. 

In the Matter of the Paternity of E.H.; Paul Bobby Hernandez v. Alvina Casillas and Paul Hernandez
18A-JP-2137
Juvenile paternity. Reverses the Marion Circuit Court’s order finding Alvina Casillas and Paul Hernandez had standing to seek grandparent visitation of Paul Bobby Hernandez’s adopted children E.H. and I.H. Finds the trial court erred in concluding that the grandparents had standing to seek visitation rights because the children were “born out of wedlock.”  

Edwin David Calligan v. State of Indiana (mem. dec.)
18A-CR-199
Criminal. Affirms Edwin Calligan’s conviction for Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Allen Superior Court did not abuse its discretion in admitting into evidence a handgun found during the search of the vehicle Calligan was driving. Also finds the initial stop and subsequent search of the car did not violate either the federal or state constitutions. 

In the Matter of the Termination of the Parent-Child Relationship of J.R., Mother, R.R., Father, and N.R., Child, J.R. v. Indiana Department of Child Services (mem. dec.)
18A-JT-2119
Juvenile termination of parental rights. Affirms the Jackson Superior Court’s termination of J.R.’s parental rights to her minor child, N.R. Finds the termination was not clearly erroneous. 

Justin Thomas Bower v. State of Indiana (mem. dec.)
18A-CR-2283
Criminal. Affirms Justin Bower’s aggregate 25-year sentence for his guilty plea to Level 2 felony attempted robbery resulting in serious bodily injury and Level 6 felony obstruction of justice. Finds the Clark Circuit Court did not abuse its discretion and the sentence is not inappropriate in light of Bower’s character and the nature of his offenses. 

Aaron Boggs v. State of Indiana (mem. dec.)
18A-CR-1854
Criminal. Affirms Aaron Boggs’ 70-year sentence for his conviction of Class A felony burglary, two counts of Class B felony burglary and Class D felony auto theft. Finds the Wayne Superior Court did not improperly enhance Boggs’ sentence, which is not inappropriate in light of the nature of the offense and Boggs’ character. 

Joseph Waldron v. State of Indiana (mem. dec.)
18A-CR-1723
Criminal. Affirms Joseph Waldron’s convictions for Level 5 felony battery with a deadly weapon, Level 5 felony battery on a child, two counts of Level 1 felony child molesting and Level 4 felony child molesting.  Finds the Huntington Superior Court did not abuse its discretion in denying Waldron’s motion for mistrial. 

Gary Amick v. State of Indiana (mem. dec.)
18A-CR-2371
Criminal. Affirms the denial of Gary Amick’s verified petition for examination for treatment. Finds the Scott Circuit Court did not err in deferring to the Department of Corrections upon Amick’s claim that he was eligible for a post-conviction substance abuse examination.

Armando Shields v. State of Indiana (mem. dec.)
18A-CR-2544
Criminal. Affirms Armando Shields’ 16-year sentence, with one year suspended to probation, for Level 3 felony aggravated battery. Finds the sentence is not inappropriate in light of the nature of Shields’ offense and character. Remands to Howard Circuit Court for the recalculation of Shields’ credit time.

Brooke Meeks v. State of Indiana (mem. dec.)
18A-CR-1863
Criminal. Affirms Brooke Meeks’ termination from the Howard County Drug Court Program. Finds no due process violation occurred during Meeks’ drug court termination hearing.

Lewis Klayton Kratzer v. State of Indiana (mem. dec.)
18A-CR-1885
Criminal. Affirms Lewis Kratzer’s aggregate 15-year sentence for convictions of Level 5 felony attempted robbery and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds his sentence is not inappropriate in light of the nature of Kratzer’s offenses and his character. 

Kyle James Fravel v. State of Indiana (mem. dec.)
18A-CR-2099
Criminal. Affirms the Vanderburgh Circuit Court’s revocation of Kyle Fravel’s probation and imposition of his previously suspended six-year sentence. Finds the trial court did not abuse its discretion in ordering Fravel to serve his entire previously suspended sentence. 

Harley Bud Davidson v. State of Indiana (mem. dec.)
18A-CR-1806
Criminal. Affirms the Madison Circuit Court’s determination that Harley Bud Davidson violated the conditions of his in-home detention. Finds there is sufficient evidence to support the determination. 

David Pannell v. Bessie Leonard (mem. dec.)
18A-PL-1684
Civil plenary. Affirms the LaPorte Superior Court’s dismissal of David Pannell’s civil complaint. Finds the trial court did not err in granting the motion to dismiss filed by Bessie Leonard.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.J. and A.H. (Minor Children), and S.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2592
Juvenile termination of parental rights. Affirms the termination of S.H.’s parental rights to her children A.J. and A.H. Finds the Tippecanoe Superior Court did not clearly err in holding the termination was in the best interests of the children. 

In the Matter of the Termination of the Parental Rights of: K.W. (Minor Child), And P.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2282
Juvenile termination of parental rights. Affirms the termination of P.W.’s parental rights to his minor child, K.W. Finds the Department of Child Services presented clear and convincing evidence to support the Daviess Circuit Court’s order terminating P.W.’s parental rights to K.W.

James R. Cadwallader, IV v. James R. Cadwallader, III (mem. dec.)
79A02-1711-MF-2614
Mortgage foreclosure. Affirms the Tippecanoe Circuit Court’s order of foreclosure and judgment in favor of James R. Cadwallader III, a father, and against James R. Cadwallader IV, his son. Finds the trial court did not err in entering the order of foreclosure in favor of the father. 

 

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