Opinions April 26, 2023

Court of Appeals of Indiana

L.U. v. C.D. (mem. dec.)
Adoption. Affirms an order from the Marshall Circuit Court dispensing with the need for L.U.’s consent to the adoption of the minor child. Finds the trial court’s order was not clearly erroneous.

Thomas DeCola v. Cleveland Richard G 1/6 & Cleveland Joshua C Jordan 1/6 & Cleveland Michael T Supplemental Needs Trust for 1/6 & Vitoux Sally 3/6 /TC, Paul M. & Carolyn Cleveland, RJW Farms LLC, Haman Harold H & Haman Marlene O Living Trust (mem. dec.)
Civil plenary. Affirms the Porter Superior Court’s denial of Thomas DeCola’s motion to transfer the case. Finds DeCola has waived his argument.

Daniel D. Karbino v. State of Indiana (mem. dec.)
Criminal. Affirms Daniel Karbino’s convictions and sentence for operating a vehicle while intoxicated as a class A misdemeanor and violation of specialized driving privileges as a class C misdemeanor and the finding he was a habitual vehicular substance offender. Finds the state presented sufficient evidence to find Karbino was a habitual offender. Also finds the sentence from the Decatur Superior Court was not inappropriate.

William Scott Miles v. State of Indiana (mem. dec.)
Criminal. Affirms William Miles’ convictions and sentence for Class A felony child molesting and Class B felony sexual misconduct with a minor. Finds even if the Hendricks Superior Court erred in admitting evidence, the error would have been harmless. Also finds the 40-year sentence is not inappropriate.

Lesley A. Caswell v. State of Indiana (mem. dec.)
Criminal. Affirms the Jefferson Circuit Court’s order that Lesley Caswell serve 1,932 days of her previously suspended sentence following the revocation of her probation. Finds the trial court did not abuse its discretion.

Steven L. Sailor v. Eileen Ruth Sailor (mem. dec.)
Domestic relations without children. Reverses the Hamilton Superior Court’s order for Steven Sailor to pay $5,000 of Eileen Sailor’s attorney fees. Finds the trial court erred in finding Steven earned a bonus in 2022. Remands with instruction to assign a value to Steven’s bonus and recalculate the division of the marital estate. Affirms other parts of the trial court’s decree dissolving his marriage to Eileen. Finds the trial court did not abuse its discretion.

W.E. v. State of Indiana (mem. dec.)
Juvenile. Affirms the Miami Superior Court’s order awarding wardship of W.E. to the Department of Correction. Finds the trial court did not abuse its discretion.

Daniel K. Criswell v. Douglas G. Carter, as Superintendent of the Indiana State Police, and the Indiana State Police (mem. dec.)
Civil miscellaneous. Affirms the Indiana State Police’s decision to terminate Daniel Criswell. Finds no error in the termination.

Vassil M. Marinov v. Wastewater Treatment Utility and City of West Lafayette (mem. dec.)
Small claims. Affirms summary judgment in favor of the city of West Lafayette and Wastewater Treatment Utility. Finds the Tippecanoe Superior Court appropriately exercised the discretion afforded by Trial Rule 16. Also finds the designated evidence supports the trial court’s findings.

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