Opinions April 30, 2019

Keywords Opinions

Indiana Court of Appeals 
Brian Ramsey v. State of Indiana

18A-CR-1276
Criminal. Affirms Brian Ramsey’s convictions for Level 5 felony criminal confinement and Level 6 felony intimidation. Finds the Floyd Superior Court properly admitted Rhonda Crone’s statements pursuant to the medical records and excited utterance exceptions to the rule against hearsay. Also finds the evidence is sufficient to support Ramsey’s intimidation conviction. 

Cavanaugh’s Sports Bar & Eatery, Ltd., v. Eric Porterfield
18A-CT-1814
Civil tort. Affirms the Lake Superior Court’s denial of Cavanaugh’s Sports Bar & Eatery, Ltd.’s motion for summary judgment against Eric Porterfield. Finds Cavanaugh’s failed to establish as a matter of law that it did not owe Porterfield a duty to protect him from criminal activity in its parking lot. 

Michael Litton v. Jason Baugh
18A-JP-2066
Juvenile paternity. Affirms the Johnson Circuit Court’s denial of biological father Michael Litton’s petition to establish paternity. Finds the trial court properly dismissed mother’s and biological father’s petition to establish paternity. 

Levern Nicole Howard v. State of Indiana

18A-CR-1830
Criminal. Affirms in part, reverses in part and remands with instructions. Affirms Levern Howard’s convictions on the original counts which included possession and dealing of illicit drugs, carrying a handgun without a license and neglect of a dependent. Finds the admission of certain photographs which the state had failed to produce during discovery was a harmless error. Reverses the convictions on the amended counts of neglect of a dependent as a Level 6 felony. Finds the Marion Superior Court abused its discretion by permitting the state to add the new offenses just as Howard’s trial was beginning, which prevented the defendant from investigating prior to trial a number of possible lines of inquiry that might have been relevant to her defense against the amended charges. Remands with instructions to vacate the convictions and corresponding sentences on the amended counts. Judge Robert Altice concurs and dissents in part with separate opinion. 

Carlos Robles Baca v. State of Indiana
18A-CR-2756
Criminal. Reverses the Marion Superior Court’s action permitting the state of Indiana to amend one of Carlos Baca’s two counts for Class C felony child molesting after a directed verdict was entered in his favor on that count. Finds the trial court’s subsequent grant of the state’s motion to amend Count II and Baca’s conviction on that purportedly amended count violated constitutional prohibitions against double jeopardy.

In the Matter of the Termination of the Parent-Child Relationship of K.N.B. (Minor Child), and F.B. (Mother) and J.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2567
Juvenile termination of parental rights. Affirms the termination of F.B. and J.B.’s parental rights to child K.N.B. Finds the Dearborn Circuit Court’s conclusion that termination of F.B. and J.B.’s parental relationship was in K.N.B.’s best interests was not clearly erroneous. Also finds the trial court’s conclusion that the conditions that led to K.N.B.’s removal were not likely to be remedied was also not clearly erroneous. Finally, finds J.B. lacked standing to argue the trial court abused its discretion in denying Donald and Debra Campbell’s petition for guardianship. 

Credit Bureau Collection Services, Inc. v. Rebecca Alsman, Sheila K. Riggs, Ashley Phillips, Charles R. Rogers, Betsy M. Wilson, David Wilson, and Julia Robbins (mem. dec.)
18A-SC-2663
Small claims. Affirms the dismissal of seven claims brought by Credit Bureau Collection Services, Inc., with prejudice after the CBCS attorney was late to the hearing. Also affirms the denial of CBCS’ motions for relief and reinstatement in the cases. Finds the Shelby Superior Court did not abuse its discretion by finding an undue delay and denying CBCS’s motions for relief from judgment and reinstatement. Also finds CBCS and its counsel were responsible for the undue delay of its cases and wasting judicial resources.

Ronnii J. Wallace v. State of Indiana (mem. dec.)
19A-CR-9
Criminal. Dismisses Ronni Wallace’s appeal of his one-year aggregate sentence for convictions of Level 6 felony possession of cocaine, Class B misdemeanor possession of marijuana and Class C misdemeanor operating a vehicle without ever receiving a license. Finds Wallace failed to timely file his appeal and thus forfeited his right to appeal his sentence. 

Brandon Hill v. State of Indiana (mem. dec.)
18A-CR-2613
Criminal. Affirms Brandon Hill’s aggregate seven-year sentence for convictions of two counts of Level 5 felony robbery and one count of Class A misdemeanor resisting law enforcement. Finds his sentence is not inappropriate in light of the nature of the offense or his character. Also finds the LaPorte Superior Court did not abuse its discretion in sentencing Hill. 

Jewarr Woodson v. State of Indiana (mem. dec.)
18A-CR-2708
Criminal. Affirms Jewarr Woodson’s conviction for Level 6 felony resisting law enforcement. Finds there is sufficient evidence to support his conviction.  

Ryan Connors v. State of Indiana (mem. dec.)
18A-CR-2458
Criminal. Affirms Ryan Conner’s conviction for murder and attempted murder. Finds the Vanderburgh Superior Court did not abuse its discretion in refusing Connor’s proposed instructions. Also finds the admission of the charging information would not likely have had a significant impact upon the jury or affected his substantial rights.  

In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.J.-G. (Minor Child), and L.J. (Mother) and J.G. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2591
Juvenile termination of parental rights. Affirms the Marion Superior Court order involuntarily terminating L.J.’s parental right to her minor child J.J.-G. Finds that because father J.G. ultimately waived any challenge to the petition, L.J. cannot demonstrate that she was prejudiced and therefore cannot demonstrate that she is entitled to reversal. 

Chadwick M. Childers v. State of Indiana (mem. dec.)
18A-CR-2765
Criminal. Affirms Chadwick Childer’s conviction for Level 5 felony dealing in marijuana. Finds the Whitely Circuit Court properly excluded evidence of the confidential informant’s prior convictions for possession of marijuana, possession of a controlled substance, possession of paraphernalia and criminal mischief, and the court’s limitation of Childers’ cross-examination of the C.I. regarding these prior offenses did not unconstitutionally impinge on Childers’ right to cross-examine the C.I.

M Doed, LLC v. Anthony Plasterer, Julia Plasterer, Huntington County Auditor, and Huntington County Treasurer (mem. dec.)
18A-MI-1743
Miscellaneous. Affirms the Huntington Circuit Court’s denial of M. Doed, LLC’s appeal of the denial of its motion to set aside tax sale as void. Finds Doed has not demonstrated the trial court erred when it denied Doed’s motion. 

In the Matter of the Involuntary Termination of the Parent-Child Relationship of S.A. (Minor Child), and A.A. (Mother) and C.A. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2192
Juvenile termination of parental rights. Affirms the Owen Circuit Court’s termination of A.A.’s parental rights to her child, S.A. Finds A.A. received adequate notice of the termination proceedings. 

Mark Allen Farmer v. State of Indiana (mem. dec.)
18A-CR-1745
Criminal. Affirms Mark Farmer’s convictions for Level 1 felony child molesting and Level 4 felony child molesting. Finds the Vanderburgh Superior Court did not abuse its discretion or commit fundamental error, and there is sufficient evidence to support the convictions. 

In the Matter of the Termination of the Parent-Child Relationship of C.J.H. (Minor Child), and B.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2570
Juvenile termination of parental rights. Affirms the termination of B.H.’s parental right to C.J.H. Finds sufficient evidence supports the termination. 

Thomas M. Kirby v. State of Indiana (mem. dec.)
18A-CR-3058
Criminal. Affirms Thomas Kirby’s aggregate three-year sentence for convictions of Level 5 felony intimidation, Level 6 felony criminal recklessness and Class A misdemeanor battery. Finds Kirby’s placement in the Department of Correction in not inappropriate in light of the nature of the offenses and his character. 

John Beeler v. State of Indiana (mem. dec.)
18A-CR-1634
Criminal. Affirms John Beeler’s 30-year sentence for his conviction of Level 1 felony child molesting. Finds the state presented sufficient evidence, and the evidence was not incredibly dubious. Also finds Beeler’s sentence was not an abuse of discretion. 

Jeremy Ray Allgood v. State of Indiana (mem. dec.)
18A-CR-2064
Criminal. Affirms Jeremy Allgood’s conviction for Class A misdemeanor public indecency. Finds there is sufficient evidence to support Allgood’s conviction. 

In the Matter of the Termination of the Parent-Child Relationship of A.F. & M.C. (Children) and K.C. (Mother) and M.C. Sr. (Father); et al. v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2265
Juvenile termination of parental rights. Affirms the involuntarily termination of K.C. and M.C. Sr.’s parental rights to A.F. and M.C. Jr. Finds the Department of Child Services provided sufficient evidence to support the St. Joseph Probate Court’s findings, which supported the trial court’s conclusions and decision to involuntarily terminate parents’ parental rights to the children.

In the Matter of the Termination of the Parent-Child Relationship of J.P. and M.B. (Minor Children); C.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-390
Juvenile termination of parental rights. Affirms the termination of C.B.’s parental rights to her children J.P. and M.B. Finds the juvenile court did not err.

 Anndee L. Rinkel v. Robert T. Rinkel (mem. dec.)
18A-DC-2195
Domestic relation with children. Affirms the Spencer Circuit Court’s Decree of Dissolution Order on All Remaining Issues that, following the dissolution of Anndee L. Rinkel’s marriage to Robert T. Rinkel, divided the marital estate, awarded Robert physical and sole legal custody of N.R., and ordered Anndee to pay Robert child support. Finds the trial court did not abuse its discretion in ordering supervised parenting time, in temporarily suspending parenting time or in admitting testimony. Also finds the trial cout did not err when it denied Anndee’s request for DNA testing or when it granted physical and legal custody to Robert. 

Ryan W. Burnworth v. State of Indiana (mem. dec.)
18A-CR-1265
Criminal. Affirms Ryan Burnworth’s two convictions for Level 4 felony child molesting. Finds the Huntington Superior Court did not abuse its discretion in granting the state’s motion in limine and in declining to admit certain evidence. 

Clifford J. Elswick v. State of Indiana (mem. dec.)
18A-CR-1988
Criminal. Affirms the denial of Clifford Elswick’s motion for relief from judgment and his motion to correct error. Finds the Elkhart Superior Court did not err.  

Troy Phillips v. State of Indiana (mem. dec.)
18A-CR-1621
Criminal. Affirms the denial of Troy Phillips’ motion for jail time credit. Finds the issue is waived based on the limited and inadequate record of the issue. 

N.F. v. State of Indiana (mem. dec.)
18A-JV-2655
Juvenile. Affirms the juvenile court’s disposition of N.F.’s case following a determination that he is a juvenile delinquent. Finds the Marion Superior Court did not commit fundamental error by failing to specifically ask N.F. whether he wanted to address the court to make a statement in allocution at the dispositional hearing. 

In Re: The Termination of the Parent-Child Relationship of K.T. (Minor Child); M.T. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2228
Juvenile termination of parental rights. Remands the termination of M.T.’s parent-child relationship with her child, K.T. Finds the Floyd Circuit Court’s findings of fact are deficient. Remands to the trial court for proper findings that support the judgment terminating the mother’s parental rights. 

Dashon Allen Martin v. State of Indiana (mem. dec.)
18A-CR-2114
Criminal. Affirms Dashon Martin’s convictions for Level 2 felony dealing in cocaine, Level 6 felony possession of a narcotic drug, Level 6 felony escape and Class A misdemeanor possession of marijuana, and his adjudication as a habitual offender. Finds any error in the admission of evidence was harmless and that no fundamental error occurred.

 

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