Opinions April 14, 2020

Keywords Opinions

Indiana Court of Appeals
Miami County and Miami County Board of Commissioners v. Indiana Department of Natural Resources, and Walter B. Woodhams and Dorothy Woodhams, et al.
Miscellaneous. Reverses the Marion Superior Court ruling that Miami County was an owner of dams in the Hidden Hills addition in Miami County and therefore was responsible for taking action to repair them as ordered by the Indiana Department of Natural Resources. Finds that because the county had only an easement interest in the roadways that crossed the dams, it was not an owner of them and therefore was not responsible for repairing them. Remands.

Presley Jermaine Brown v. State of Indiana
Criminal. Affirms Presley Jermain Brown’s felony murder conviction and conviction of Level 3 felony attempted armed robbery, finding the St. Joseph Superior Court did not err in the admission of notes purportedly written by Brown without authentication that the handwriting was Brown’s.

Scott A. Edwards v. State of Indiana (mem. dec.)
Criminal. Affirms the Vigo Superior Court’s aggregate 28-year sentence imposed on Scott Edwards after his conviction of Level 3 felony counts of aggravated battery and neglect of a dependent resulting in serious bodily injury. The sentence was not inappropriate in light of the brutal nature of the offenses of Edwards’ character.

In the Matter of: K.Y. (Minor Child) Child in Need of Services and M.Y. (Mother) v. The Indiana Department of Child Services (mem. Dec.)
Juvenile child in need of services. Affirms the Marion Superior Court’s determination that K.Y. is a child in need of services. Mother M.Y. failed to show the presumption statute, I.C. 31-34-12-4, is unconstitutional on its face or as applied to her. The evidence was sufficient to support the presumption under the statute, and M.R.’s evidence did not rebut the presumption.

Vickie Beasley v. State of Indiana (mem. dec.)
Criminal. Affirms Vickie Beasley’s Class B misdemeanor conviction of battery after a bench trial in St. Joseph Superior Court, finding the evidence sufficient to support the conviction.

Reginald Raglin v. State of Indiana (mem. dec.)
Criminal. Affirms Reginald Raglin’s conviction of three counts of domestic battery but remands to the Marion Superior Court to correct clerical errors on the written sentencing order to show Raglin was convicted of three counts, two of which were vacated on double-jeopardy grounds.

Christopher Marks v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Marks’ conviction of Level 6 felony nonsupport of a dependent child, finding the evidence presented in DeKalb Superior Court was sufficient.

P.G. v. M.G. (mem. dec.)
Domestic relation. Affirms the Hamilton Superior Court’s order addressing mother P.G. and father M.G.’s cross-petitions for modification of child custody and parenting time regarding A.G. Finds the trial court did not abuse its discretion in admitting evidence, or in modifying the original custody order and granting primary physical custody of A.G. to M.G.

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