Opinions May 8, 2019

Keywords Opinions

Indiana Court of Appeals
Christopher C. Ferran v. State of Indiana (mem. dec.)

18A-CR-2018
Criminal. Affirms Christopher Ferran’s conviction of Level 5 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the Lawrence Superior Court did not abuse its discretion in admitting a detective’s testimony concerning the identification of pipe residue as meth.

S&C Financial Group, LLC v. Darren Gaston (mem. dec.)
18A-PL-1787
Civil plenary. Affirms in part, reverses in part the Putnam Superior Court’s order that S&C Financial Group LLC give Darren Gaston a deed to property disputed between the parties. Reverses the trial court’s order that S&C pay Gaston $1,275 in attorney fees.

Joy L. Nelson v. State of Indiana (mem. dec.)
18A-CR-2288
Criminal. Affirms Joy Nelson’s conviction of Level 5 felony intimidation. Finds there is sufficient evidence to support the conviction.

Marvin E. Hart v. State of Indiana (mem. dec.)
18A-CR-2174
Criminal. Affirms the Marion Superior Court’s delay of Marvin Hart’s indigency hearing pending the probation department’s assessment of his ability to pay probation user fees. Finds the trial court did not abuse its discretion in delaying Hart’s indigency hearing.

Charles Edward Sweeney, Jr. v. Curtis T. Hill Jr., et al. (mem. dec.)
18A-PL-2593
Civil plenary. Affirms the Sullivan Circuit Court’s order dismissing Charles Sweeney Jr.’s action against Curtis T. Hill, Jr. for declaratory judgment. Finds the trial court properly found Sweeney’s action to be non-justiciable and did not err in granting the state’s motion to dismiss Sweeney’s action for failure to state a claim.

Ryan Lovely v. State of Indiana (mem. dec.)
18A-CR-2776
Criminal. Affirms Ryan Lovely’s more than 10-year sentence for his conviction of Level 4 felony burglary. Finds there is sufficient evidence to support the conviction and that the 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 Bai.M., et al. (Minor Children) and A.M. (Mother) and S.M. (Father); A.M. and S.M. v. Indiana Department of Child Services (mem. dec.)
18A-JT-2089
Juvenile termination. Affirms the termination of S.M. and A.M.’s parental rights to their three children. Finds the Adams Circuit Court did not err in concluding adoption is a satisfactory plan for the children.

James Jacobs v. State of Indiana (mem. dec.)
18A-CR-2031
Criminal. Affirms James Jacobs’ conviction of Level 5 felony burglary and Level 5 felony attempted burglary. Finds the evidence was sufficient to support Jacobs’ convictions and that the St. Joseph Superior Court did not err when it declined to answer the jury’s question.

Johnathon B. Franzell v. State of Indiana (mem. dec.)
18A-CR-2806
Criminal. Affirms Johnathon Franzell’s four-year sentence for conviction of Level 5 felony trafficking with an inmate. Finds Franzell’s sentence is not inappropriate in light of his character, and that the Dubois Circuit Court did not abuse its discretion in sentencing him. Also finds Franzell’s argument that he is entitled to additional credit time is without merit.

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