Opinions Nov. 21, 2019

Indiana Court of Appeals
Brandon Lawrence Johnson v. State of Indiana
19A-CR-00334
Criminal. Affirms the denial of Brandon Johnson’s petition to file a belated notice of appeal of his 12-year sentence for conviction of Level 4 felony possession of methamphetamine. Finds that even if the Orange Circuit Court should have granted his motion to take judicial notice, any resulting error was harmless. Also finds Johnson waived his right to appeal and that the trial court properly denied his petition.

Alfred Strickholm, et al. v. Anonymous Nurse Practitioner
19A-MI-00696
Miscellaneous. Reverses the Marion Superior Court’s grant of summary judgment to a Bloomington nurse practitioner on Alfred Strickholm’s medical malpractice claim on behalf of his son, Peter Strickholm. Finds the trial court abused its discretion in entering summary judgment because there is a genuine issue of material fact as to whether the NP provided medical care to Peter after Dec. 4, 2015.

Manford F. Girten Jr. v. State of Indiana
18A-CR-2252
Criminal. Finds on rehearing that although the Indiana Court of Appeals misapplied the continuous crime doctrine to both Manford Girten’s Level 6 felony strangulation and Level 3 felony rape convictions, the strangulation conviction nevertheless should have been vacated on double jeopardy grounds. Affirms the COA’s earlier opinion in all other respects.

James D. Cummings v. State of Indiana
19A-CR-833
Criminal. Dismisses James Cummings’ belated appeal of the revocation of his probation, citing Indiana Supreme Court holdings that Post-Conviction Rule 2 does not permit a belated consideration of an appeal of a probation revocation.

In the Termination of the Parent-Child Relationship of S.M. (minor child); H.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-924
Juvenile termination. Affirms the termination of the parent-child relationship between H.M. and her daughter, S.M. Finds there is sufficient evidence to support the trial court’s decision to terminate the parent-child relationship.

Thomas L. Imes, Maryanne W. Imes, and St. Anne 420N, LLC v. City of Madison, et al. (mem. dec.)
19A-PL-821
Civil plenary. Dismisses Thomas and Maryanne Imes and St. Anne 420N, LLC’s appeal of the Jefferson Circuit Court’s grant of summary judgment to the City of Madison, City of Madison Historic District Board of Review and Camille Fife in her capacity as preservation planner of the Office of Historic Preservation of the city and as an employee of the city. Finds the appeal to be premature.

Deandre L. Williams v. State of Indiana (mem. dec.)
19A-CR-734
Criminal. Affirms Deandre Williams’ interlocutory appeal of the Monroe Circuit Court’s denial of his motion for discharge under Indiana Criminal Rule 4(A). Finds Williams’ motion to discharge was premature.

Robert W. Glenn v. State of Indiana (mem. dec.)
19A-CR-727
Criminal. Affirms Robert Glenn’s conviction of Level 6 felony domestic battery. Finds no abuse of discretion in admitting a portion of a neighbor’s recorded 911 call into evidence.

Richard Kyle Lock v. State of Indiana (mem. dec.)
19A-CR-1280
Criminal. Affirms Richard Lock’s aggregate three-year sentence for conviction of Level 6 felony intimidation and Class A misdemeanor invasion of privacy. Finds the sentence is not inappropriate.

Lewis F. Kriete, Jr. v. State of Indiana (mem. dec.)
19A-CR-475
Criminal. Dismisses Lewis Kriete, Jr.’s appeal of the Marion Superior Court’s order denying his motion requesting transcripts from his guilty plea hearing, sentencing hearing and all other previous hearings. Finds the ruling was neither a final judgment nor an appealable interlocutory order.

A.S. and J.S. v. D.C. (mem. dec.)
19A-PO-156
Protective order. Affirms the Lake Circuit Court’s grant of three protection orders to D.C. against her neighbors, A.S. and J.S. Find there is sufficient evidence to support the protective orders.

D.W. v. State of Indiana (mem. dec.)
19A-JV-1087
Juvenile. Affirms the placement of D.C. with the Indiana Department of Correction. Finds the Allen Superior Court did not abuse its discretion in placing him with the IDOC.

In the Matter of the Termination of the Parent-Child Relationship of K.S. (Minor Child); T.R. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1363
Juvenile termination. Affirms the Delaware Circuit Court’s termination of T.R.’s parental rights to her minor child, K.S. Finds the trial court did not clearly err when it terminated her parental rights or by determining that the adoption plan for K.S. was satisfactory.

In the Matter of: M.M. (Minor Child), Child in Need of Services, M.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-1308
Juvenile CHINS.  Affirms the adjudication of Mi.M. as a child in need of services. Finds the Marion Superior Court did not err in adjudicating the child as a CHINS.

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